Grandfathering safe under FOFA


The newly released draft Future of Financial Advice (FOFA) regulations indicate all financial contracts entered into prior to the application date of new regulations will be grandfathered.
Some industry participants have expressed concern that where a client book or practice is sold or there is a change of licensee, this could result in contracts no longer being grandfathered.
"The intention of the grandfathering arrangements is to preserve any existing contractual rights to receive ongoing product commissions, but not to allow commissions on 'new' financial products acquired on or after the application day," the draft explanatory statement states.
Recommended for you
Financial Services Minister Stephen Jones has shared further details on the second tranche of the Delivering Better Financial Outcomes reforms including modernising best interests duty and reforming Statements of Advice.
The Federal Court has found a company director guilty of operating unregistered managed investment schemes and carrying on a financial services business without holding an AFSL.
The Governance Institute has said ASIC’s governance arrangements are no longer “fit for purpose” in a time when financial markets are quickly innovating and cyber crime becomes a threat.
Compliance professionals working in financial services are facing burnout risk as higher workloads, coupled with the ever-changing regulation, place notable strain on staff.