ASIC has commenced proceedings in the Supreme Court of New South Wales seeking interim and final orders to prevent property investment promoter, Park Trent Properties Group Pty Ltd (Park Trent), from carrying on an unlicensed financial services business.
Park Trent’s business promotes the use of self-managed superannuation funds (SMSFs) to purchase investment property.
ASIC alleges and is seeking declarations that Park Trent is unlawfully carrying on a financial services business without an Australian financial services (AFS) licence.
ASIC understands that Park Trent has advised at least 500 members of the public to establish and switch funds into an SMSF which are then used to purchase investment properties that are owned or promoted by Park Trent companies.
ASIC is also seeking orders requiring Park Trent to notify current and former clients about the proceeding and to post a notice regarding ASIC’s proceeding on its website.
ASIC Commissioner Greg Tanzer said, ‘Collectively, Australians hold over $1.85 trillion worth of assets in superannuation funds, with $557 billion held in SMSFs. It is important when making decisions regarding superannuation to consider obtaining appropriate advice from an authorised financial adviser.
‘Dealing with an authorised adviser affords specific protections under the law, such as acting in the best interests of clients, a duty to avoid conflicts of interest and providing access to dispute resolution schemes.’
The first hearing of the matter is listed for 26 November 2014.
Background
Section 911A of the Corporations Act requires any person carrying on a financial services business in Australia and providing financial product advice to hold an AFS licence or be a representative of an AFS licensee.
ASIC contends that the conduct that is the subject of this action required Park Trent to have an AFS licence or be an authorised representative of an AFS licensee.
ASIC has previously released substantial guidance regarding the establishment and ongoing operation of SMSFs. This includes reference to various SMSF guides available through the Australian Taxation Office.
ASIC also recommends that people seek the advice of an expert when considering an SMSF.
