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Chotto

112 Posts.

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07/01/19

18:25

Post #: 37048254
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Originally posted by Chotto: ↑

I don't always agree with @Eqz. But ASIC RG 36 is about when you need to hold an AFSL. You only need an ASFL when carrying on a financial services "business".

ASIC RG 36.59 clearly says "The business test is satisfied where a person provides financial services withsystem, repetition and continuity. Paragraph 11.5 of the ExplanatoryMemorandum to the Financial Services Reform Bill 2001 states that ‘one-offtransactions relating to the provision of financial services and financialproducts are unlikely to be caught by the new regime’. There is norequirement for a profit motive for the business test to be satisfied."

So whilst @Eqz is wrong to keep saying he is fine cause he doesn't charge money, I think he is actually fine with his comments (which I haven't even read) as he isn't providing finical services using a system with any repetition or continuity. Rather, he is sitting on a website talking, like the rest of us.

Making false or misleading statements can land you in hot water under many laws, but there is no general law preventing one from "telling fibs".

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Corps Act also says you don't need an AFSL if you provide general advice in transmissions made by means of an information service where thetransmissions are generally available to the public and where the sole orprincipal purpose of the transmissions is not the provision of financialproduct advice (section 911A(2)(eb))

AUZ Price at posting: 3.4¢ Sentiment: Buy Disclosure: Held
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0 Great analysis

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