Further transitional measures now in place for the new financial advisers' regime

The following transitional orders and regulations were made on 9 August:

The Financial Advisers Act Commencement Order 2010

This brings into force, in specified stages, the provisions of the Financial Advisers Act 2008 (the FAA) that are not already in force.

The Financial Service Providers (Registration and Dispute Resolution) Act Commencement Order 2010

This brings Part 2 and section 48 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008 (the FSP Act) into force, in specified stages.

The Financial Service Providers and Financial Advisers Transitional Regulations 2010

These regulations:

  • provide that a period of authorisation of a financial adviser or a period of grant of Qualifying Financial Entity (QFE) status under the FAA must not commence before 1 December 2010 (on which date the key related provisions under the FAA come into force); and

  • ensure that the section requiring persons who provide financial adviser services to be registered under the FSP Act (section 20D) is technically effective in the implementation period,

(together, the Transitional Regulations).

The transitional scheme for financial advisers under the Transitional Regulations is summarised in the table below.

From 16 August 2010

  • The register opens under the FSP Act, and persons may register under that Act, but are not required to do so;
  • applications for approval as an authorised financial adviser or for QFE status may be made, and decided on, under the FAA. However, no period of authorisation or grant of QFE status can commence before 1 December 2010;
  • the disciplinary committee can be established under the FAA; and
  • all interpretative and other provisions of the FAA relevant to this preliminary implementation stage come into force. However, no conduct obligations for financial advisers, brokers, QFEs, or members of QFE groups, come into force at this stage.

On and from 1 December 2010

  • It becomes mandatory for providers of financial services (other than financial adviser services) to be registered under the FSP Act;
  • the holding-out protections for the terms of authorised financial advisers and QFEs come into force (because periods of authorisation and periods of grants of QFE status may commence from this time); and
  • most of the conduct obligations under the FAA for financial advisers, brokers, QFEs, and members of QFE groups, and the related enforcement provisions, come into force.

On and from 1 April 2011

  • At this time, the FSP Act is fully in force;
  • it becomes mandatory for financial advisers to be registered under the FSP Act;
  • any person seeking to rely on a grant of QFE status to avoid the need to register its employees and nominated representatives must have that status granted by this date.

On 1 July 2011

  • All remaining provisions of the FAA come into force. In particular:
  • the restrictions on who is permitted to provide financial adviser services (sections 17 to 20 of the FAA) and the prohibition on holding out as a financial planner or investment planner (section 20B of the FAA) come into force; and
  • the disclosure obligations for financial advisers and brokers replace those set out in the Securities Markets Act 1988 for investment advisers and brokers.

Regulations have also been made setting:

Both regulations came into force on 16 August.

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Disclaimer

This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.