‘Buyer-of-last-resort’ sales excluded from FOFA
The sale of financial services businesses will be exempt from conflicted remuneration provisions in the Future of Financial Advice legislation…
The sale of financial services businesses will be exempt from conflicted remuneration provisions in the Future of Financial Advice legislation.
The exemption – included in a federal select legislative instrument on grandfathering – covers part or full sale by financial service licensees or authorised representatives to third parties.
“The regulation covers what are commonly referred to in the financial advice industry as ‘buyer-of-last-resort’ arrangements,” the instrument says.
“These arrangements allow the purchase or sale of all or part of a licensee’s or representative’s financial advice business using a specified formula.”
A price calculated using the value of financial products sold is allowed under the exemption.
“In these situations, buyer-of-last-resort arrangements alone would not influence the advice to recommend products issued by the licensee or a related party,” the instrument says.
For financial services licensees and authorised representatives paid under an enterprise arrangement in force before July 1 this year, the ban on benefits will apply six months after the agreement’s expiry date.