Do financial planners need an AFSL?
If you provide a financial service (including financial product advice or dealing), you generally need to hold an AFS licence or be authorised by an AFS licensee.
Running a financial planning business means operating inside a fast-moving highly regulated framework — where licensing, adviser registration, disclosure documents and complaint handling are real business risks.
Financial services lawyers provide clarity to financial planners and dealer groups, helping to defend their businesses with commercially practical legal advice — from AFSL strategy through to ASIC responses and AFCA complaints.
At PCL Lawyers our team can assist with licensing, compliance, and dispute or enforcement issues affecting your advice business.
Financial advisers generally need to hold their own Australian financial services licence (AFSL) or be appointed as an authorised representative of an AFSL holder.
Advisers providing personal advice to retail clients must also meet the professional standards regime (education/training, exam and CPD requirements), and relevant information must be maintained on the Financial Advisers Register maintained by ASIC.
We help you design a licensing and authorisation pathway that supports your commercial model — without creating avoidable risk.
We advise professionals and businesses who must be licensed (or appropriately authorised) to provide financial product advice and deal in financial products, including:
Our lawyers translate obligations into implementable practical steps and is fit for how you operate.
We have extensive expertise in dealing with both minor and complex regulatory advice and disputes. We support clients across the lifecycle — from licensing and documentation to complaints, investigations and enforcement.
We support advice businesses operating across Australia (including multi-office and multi-authorised representative networks).
If you’re licensing, restructuring an advice business, tightening compliance, responding to a complaint, or dealing with ASIC — our financial planning lawyers can help.
Call PCL Lawyers on 1300 795 893 or submit an enquiry to our Financial Services team.
You want to know that you are getting advice and real solutions. You not only want a lawyer who has strong experience and knowledge in legal matters, but a lawyer who can also navigate you through the commercial realities.
Request a meetingIf you provide a financial service (including financial product advice or dealing), you generally need to hold an AFS licence or be authorised by an AFS licensee.
Possibly. As ASIC has said in RG 36, it’s a question of degree. “Arranging” for a person to acquire a financial product is a form of “dealing in a financial product”, which is a kind of “financial service”. One indicator that referral activity may amount to arranging is whether the referrer is being paid for making the referrals.
The FAR records adviser details (including qualifications/training information). AFS licensees must ensure information recorded is accurate and complete, and update within required timeframes.
ASIC RG 271 sets enforceable standards for internal dispute resolution (IDR) for financial firms and is relevant to how complaints are handled before (and alongside) AFCA.
Section 961G of the Corporations Act requires that personal advice given to a retail client be “appropriate” to the client. This does not mean that the adviser is required to give the best possible advice. Rather, there is a range of advice which may be appropriate to the client and the adviser is required to give advice which falls within this range.
ASIC has taken action (including infringement notices) where advisers provided personal advice while unregistered, making governance controls critical.
ASIC has commenced court proceedings against persons carrying on a financial services business while unlicensed and while not appointed as an authorised representative of a licensee. They have been removed from the industry.
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We provide our legal services across Sydney and surrounds, from Surry Hills to Hunters Hill. Whether you need our expertise in North Sydney, Abbotsford, Burwood, Greenwich, Hunters Hills, Cremorne, Chiswick, Bellevue Hill, Balmain or beyond, our convenient location allows us to serve locals in these suburbs and many more.
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