ASIC moves on unregistered investment schemes
The Australian Securities and Investments Commission (ASIC) has sought orders from the Federal Court of Australia for the winding up of several Melbourne-based investment schemes that were not registered as required under the Corporations Act.
The managed investment vehicles in question were those operated by Peter Berlowitz, HLP Financial Planning, Leaberl Pty Ltd and Beachmere View.
The regulator’s main concern over these schemes is that investors were not provided with the information and protection they were entitled to under the Corporations Act.
ASIC is also anxious about each company’s ability to pay back the monies investors have placed in the schemes.
After an investigation into the schemes, the corporate watchdog alleged HLP Financial Planning offered investors in its promotional material investment opportunities that would deliver returns of 5 per cent in one year, 11 per cent in two years, 57 per cent in three years and 67 per cent in four years.
To date, ASIC has established that 55 people invested a total of $5 million in the schemes between April and September, 2005.
These monies were converted into loans to Beachmere View and Berlowitz in March 2006 and were purported to return 10 per cent per annum to investors.
In addition to the action against Berlowitz and the four aforementioned companies, ASIC is seeking to have 13 other companies associated with the investment schemes wound up.
Recommended for you
ASIC has released the results of its first adviser exam to be held in 2025, with 241 candidates attempting the test.
Quarterly Wealth Data analysis has uncovered positive improvements in financial adviser numbers compared with losses in the prior corresponding period.
Holding portfolios that are too complex or personalised can be a detractor for acquirers of financial advice firms as they require too much effort to maintain post-acquisition.
As the financial advice profession continues to wait on further DBFO legislation, industry commentators have encouraged advisers to act now in driving practice efficiency.