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10. Written directions to financial adviser or class of financial advisers to conduct review of compliance with business conduct requirements

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Amended

Last amended by an amending law of 2023.

(1)

Without limiting section 67 of the Act, the Authority may issue written directions to a financial adviser, requiring the financial adviser —

(a)

to conduct a review of the financial adviser’s compliance with the business conduct requirements if —

(i)

the Authority is satisfied that there may be regular failure by the financial adviser to comply with any business conduct requirement; or

(ii)

the Authority considers it necessary or expedient in the public interest;

(b)

to submit a report on the outcome of the review mentioned in sub‑paragraph (a); and

(c)

to provide periodic updates on the financial adviser’s progress in resolving complaints.

(2)

Without limiting section 67 of the Act, the Authority may issue written directions to a class of financial advisers, requiring every financial adviser in that class —

(a)

to conduct a review of the financial adviser’s compliance with the business conduct requirements if —

(i)

the Authority is satisfied that there may be widespread or regular failure by financial advisers in that class to comply with any business conduct requirement; or

(ii)

the Authority considers it necessary or expedient in the public interest;

(b)

to submit a report on the outcome of the review mentioned in sub‑paragraph (a); and

(c)

to provide periodic updates on the financial adviser’s progress in resolving complaints.

Subregulation 1

Without limiting section 67 of the Act, the Authority may issue written directions to a financial adviser, requiring the financial adviser —

(a)

to conduct a review of the financial adviser’s compliance with the business conduct requirements if —

(i)

the Authority is satisfied that there may be regular failure by the financial adviser to comply with any business conduct requirement; or

(ii)

the Authority considers it necessary or expedient in the public interest;

(b)

to submit a report on the outcome of the review mentioned in sub‑paragraph (a); and

(c)

to provide periodic updates on the financial adviser’s progress in resolving complaints.

Subregulation 2

Without limiting section 67 of the Act, the Authority may issue written directions to a class of financial advisers, requiring every financial adviser in that class —

(a)

to conduct a review of the financial adviser’s compliance with the business conduct requirements if —

(i)

the Authority is satisfied that there may be widespread or regular failure by financial advisers in that class to comply with any business conduct requirement; or

(ii)

the Authority considers it necessary or expedient in the public interest;

(b)

to submit a report on the outcome of the review mentioned in sub‑paragraph (a); and

(c)

to provide periodic updates on the financial adviser’s progress in resolving complaints.

Report