Who Needs to Comply
All financial advisers must comply with the requirements of the Financial Advisers Act 2008. This includes disclosure obligations which are set out in regulations.
Financial advisers are people who give advice about investing and other financial services and products as part of their job or business. They include financial planners, mortgage and insurance brokers and people working for insurance companies, banks and building societies that provide advice about money, financial products and investing.
Types of financial adviser
Registered Financial Advisers (RFAs)
RFAs are individuals and they can give financial advice in relation to a category 2 product. They can also provide class advice and investment planning services to retail clients and financial adviser services to wholesale clients.
Authorised Financial Advisers (AFAs)
AFAs can provide the same services as an RFA, but can also provide services in relation to category 1 products, and can provide an investment planning service.
Qualifying Financial Entities (QFEs)
QFEs are businesses that provide financial adviser services. QFEs take responsibility for the conduct of the financial advisers they employ and any nominated representatives.
A QFE Adviser is an employee or a nominated representative of a QFE.
Other business providing financial adviser services
Other (non-QFE) businesses providing financial adviser services have to be registered as a financial service provider. They may only provide personalised services to retail clients through an individual who is appropriately authorised or registered.
A broker is an individual or a company that receives, holds, pays or transfers client money or property acting as an intermediary for a client. All brokers need to be registered and must also comply with the brokers' conduct and disclosure obligations in the Financial Advisers Act. These provisions apply to anyone providing broking services, whether they are a financial adviser or not. See more about brokers.
Who is not covered by the Financial Advisers Act?
The Act provides exemptions for specific groups of people who only provide financial adviser services in the ordinary course of their jobs or as incidental to their jobs. Their adviser activities fall outside the scope of the regulatory regime. See more.
Overseas advisers and overseas clients
See the provisions that apply. Overseas advisers and overseas clients
Also read about the exemptions for Australian advisers.