Australian Financial Services Licensing (AFSL) Forum

#5109 Reply

Osuper
Member

Hi David

Thanks for your reply. To give you a bit more explanation of the question and the reasoning for it. It would appear from my reading of Corps Act, Div 6 and s911B that in the structure outlined Corporate Trustee Pty Ltd ATF Unit Trust, if it is a related body corporate as per Div 6, which I think it is. Its not a mater of appointing them a CAR, they automatically by virtue of being a related body corporate are under XYZ Pty  Ltd’s license, and therefore need to act as if they were a license holder. There appears to be no way to exclude them from it.

So not only would you be able to appoint directors and staff of Corporate Trustee Pty Ltd ATF Unit Trust to the advisers register and not the AR register, but you really need to educate all staff  of Corporate Trustee Pty Ltd ATF Unit Trust of their obligation as if they were staff of XYZ Pty Ltd, and not to give accidental inadvertent FS advice.

I really need to work out to if my interpretation is correct, so any addition training that may be required of staff can be done if and when required.

Thanks

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