ARTICLE
21 February 2024

Navigating the new transitional arrangements for financial advisers: The Experienced Provider Pathway

SG
Sophie Grace Pty Ltd
Contributor
Sophie Grace is a leading Australian firm specialising in both compliance and legal services to participants within the financial services and credit industries. We have serviced Australian and international clients across the financial sector for over a decade. From obtaining the required licences to operate your business to the provision of ongoing compliance support, many businesses have benefited from Sophie Grace’s extensive knowledge in the financial and credit space. We take pride in our ability to offer tailored solutions to a broad range of businesses whilst keeping business practicalities and obligations to regulators at the forefront of our minds when delivering services and advice. Our consultancy services can equip you with assistance and clarity in your business endeavours.
The "Experienced Provider Pathway" has been put in place to reshape the qualification requirements for existing financial advisers.
Australia Finance and Banking
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The "Experienced Provider Pathway" has been put in place to reshape the qualification requirements for existing financial advisers. The pathway removes the tertiary education requirement for existing financial advisers with a decade or more of experience and a clean disciplinary record.

Experienced Provider Criteria

To qualify as an Experienced Provider, an adviser:

  1. Must have held an Australian Financial Services (AFS) Licence or worked for an AFS Licence holder between 1 January 2007 and 31 December 2021;
  2. During this period, they must have been authorised to provide personal advice to retail clients about financial products (other than general insurance, consumer credit insurance products or basic banking products);
  3. Must have not ever been banned or disqualified from providing financial services.

Advisers must have met conditions 1 and 2 for a total cumulative period of 10 years between 1 January 2007 and 31 December 2021.

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The Experienced Provider Pathway

An adviser who wishes to rely on the new arrangements should take the following steps:

Eligibility Condition: An adviser must have passed the financial adviser exam by either 31 December 2021, or 30 September 2022 (if the adviser had previously sat and failed the exam twice).

Step 1: An Experienced Provider must make a written self-declaration to their current AFS licensee to confirm they meet the Experienced Provider criteria.

Step 2: From 1 July 2024, the AFS licensee must lodge a notice on behalf of the Experienced Provider to ASIC. This notice should include the Experienced Provider's name and principal place of business, along with a written statement confirming the provider meets the Experienced Provider criteria.

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Timing of Notice Submission

Date of Experienced Provider's Self Declaration

Timeframe for lodgement of Notice with ASIC

Prior to 1 July 2024

Within 30 business days after 1 July 2024

After 1 July 2024

Within 30 business days of the date the self-declaration is provided to the AFS licensee


Importantly, if an AFS licensee fails to lodge a notice with ASIC regarding any Experienced Providers by 1 January 2026, the Experienced Provider will be removed from the Financial Adviser Register. However, these Experienced Providers can be reinstated once they make a self-declaration and the AFS licensee has lodged a notice with ASIC.

Background:

Since 1 January 2019, all financial advisers (advisers) have been subject to specific education and training standards to provide personal advice to retail clients. This includes having an approved bachelor's degree or higher, or equivalent qualifications.

Further Reading:

ARTICLE
21 February 2024

Navigating the new transitional arrangements for financial advisers: The Experienced Provider Pathway

Australia Finance and Banking
Contributor
Sophie Grace is a leading Australian firm specialising in both compliance and legal services to participants within the financial services and credit industries. We have serviced Australian and international clients across the financial sector for over a decade. From obtaining the required licences to operate your business to the provision of ongoing compliance support, many businesses have benefited from Sophie Grace’s extensive knowledge in the financial and credit space. We take pride in our ability to offer tailored solutions to a broad range of businesses whilst keeping business practicalities and obligations to regulators at the forefront of our minds when delivering services and advice. Our consultancy services can equip you with assistance and clarity in your business endeavours.
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