Reference no: EM132664397
FNSFMK505 Comply with financial services regulation and industry codes of practice
Assessment 1
Activity 1
Mr and Mrs X applied for a low doc loan from a financial service provider (FSP) to refinance an existing loan and to obtain additional finance of $200,000 to assist them to purchase another property. Mr and Mrs X disclosed in their application: partnership income of $400,000, rental income of $40,000 and a parenting allowance of $20,000. The FSP approved their loan based on their income as disclosed in the application and their declaration that the loan was within their ability and capacity to service. The FSP did not make any independent enquiries to verify the application information.
Identify and explain 2 duty of care considerations the FSP should have displayed in assessing the applicants' capacity.
(Explain compliance issues relating to: duty of care principles).
Activity 2
Identify and explain:
a) Two reasons why ASIC requires AFS Licensees to nominate Responsible Officers, and
b) Three qualifications that are needed to fulfil the obligations of a Responsible Officer (Explain compliance issues relating to: general obligations of a financial services officer).
Activity 3
Section 1043K of the Corporations Act 2001 deals, among other things, with transactions by a representative of the holder of an Australian financial services licence.
Explain the nature of this relationship and describe 2 risks associated with such an arrangement. (Explain compliance issues relating to: laws of principal and agents).
Activity 4
A Product Disclosure Statement (PDS) is a document, or sometimes a group of documents, that contains information about a financial product.
Describe 3 key benefits PDS's provide to financial sector consumers. (Describe the key features of: organisation's financial products and services)
Activity 5
An AFS licence holder may provide a client with two types of financial product advice: personal advice and general advice.
Identify and explain some differences between an AFSL providing personal and general advice, providing illustrative examples.
(Explain compliance issues relating to: disclosure of capacity criteria).
Activity 6
RG105 provides a number of options for a Responsible Manager to demonstrate knowledge and skills.
Describe:
a) How could an applicant meet the requirement to demonstrate "relevant experience"?
b) Which applicants might require individual assessment and why?
c) How might an applicant locate an authorised assessor to carry out an individual assessment? (Describe the key features of: relevant regulation pertaining to the financial services industry).
Activity 7
From the Code of Banking Practice (CBP) describe, using examples, how the needs of each of the following customer groups are catered for:
a) Customers with special needs
b) Customers in remote indigenous communities
(Describe the key features of: relevant industry codes of practice).
Activity 8
Explain how poor record keeping could contribute to matters which may be contained in an FS71 auditor statement relating to subsection 990K (2) of the Corporations Act.
(Explain the internal monitoring or audit program process).
Activity 9
Describe some of the benefits for an AFS licensee to conduct internal monitoring of regulatory compliance by its Representatives.
(Describe the key features of: relevant agency agreements or broker authority). (Explain compliance issues relating to: fiduciary duties).
Activity 10
Identify and categorise the statutory AFS record keeping requirements now necessary under ASIC Class Order 14/923.
(Identify and categorise the statutory records a financial services organisation needs to maintain).
Assessment 2
Section 1 - Review the Case Study - Mrs X versus FSP Requirements
Download and review the case study Mrs X versus FSP, located in the Assessment 2 Supporting Documents folder, particularly having regard to:
• Relevant legal requirements or rights provided by law in relation to the subject matter of the complaint;
• Applicable codes of practice;
• Good practice in the financial services industry; and
• Fairness in all the circumstances.
Section 2 - Analyse Complaint
Requirements
Read Part 1 - Consumer Complaint and enter your responses below with regard to:
In your opinion does the Complainant have any grounds for lodging a complaint against the FSP? Support your opinion with reference to laws, codes of practice, etc.
What evidence you would require the complainant to provide to support her claim?
Section 3 - Analyse FSP Response
Requirements
Read Part 2 - FSP Response and enter your responses below with regard to:
In your opinion does the FSP have any grounds for denying the complaint? Support your opinion with reference to laws, codes of practice, etc.
What evidence you would require the FSP to provide to support their denying of the claim?
Section 4 - Prepare a Conclusions Summary
Requirements
Based on the information in the case study and your responses to Sections 2 and 3:
a) How should the evidence provided by both parties be assessed?, and
b) Provide an opinion if a breach of any regulation has occurred, and if so, describe the most likely next step in the complaint process