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Hello
Thank you for the excellent resource you provide.
My question is, I’m a trader and would like to create my own website detailing my experiences with trading. Initially I would not be looking to sell any product or service through the website. However, should it generate enough interest I may look at selling an ebook or two through the website directly in the future. Although I live in Australia, I’m looking at a global audience with a .com domain rather than .com.au.
I’m wondering, in your opinion, would the above circumstances likely require me to have an AFS license or even insurance?
Many thanks
James
Hi James,
Thank you for your inquiry. It is difficult to provide advice about your business based on the limited information you have provided. The test for determining whether a person is operating a financial services business that requires a licence is complex. Generally, however, if you are providing financial product advice you will need an AFS licence. Financial product advice includes giving a recommendation to clients or the general public about which financial product they should purchase. For more information on what financial services include, see ASIC’s information page, ‘Do you need an AFS licence?’
You will therefore need to consider whether the content on your website or in your eBook/s will constitute financial product advice, as opposed to the provision of purely factual information. Should you decide to start selling financial products and services, it is likely you will require a licence.
Before commencing your business, we strongly recommend obtaining legal advice as significant penalties apply to the unlicensed provision of financial services. Please feel free to contact our Financial Services Team if you require further information or more detailed advice.
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