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Frequently asked questions about financial services regulation

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  Number Last updated Question
QFS 7 24/11/2003 I am a trustee or operator of an unregistered scheme. Do I need an AFS licence for providing a custodial or depository service?
QFS 9 24/11/2003 Does a service company need to be a licensee or an authorised representative when its employees are involved in providing financial services on behalf of a related licensee?
QFS 10 18/05/2004 Do the AFS licensing requirements apply to accountants?
QFS 21 16/10/2006 What licensing exemptions apply to foreign exchange transactions?
QFS 24 29/03/2004 Is an accountant arranging off-market transfers at request of client, or while providing share registry services, exempt from FSR licence requirement?
QFS 35 14/03/2005 Do I need an AFS licence to issue or distribute extended motor vehicle warranties?
QFS 36 25/11/2003 What is the scope of the APRA wholesale licensing exemption under s911A(2)(g)?
QFS 37 04/12/2003 What financial services can I provide if I am a licensee and I am acting under a binder?
QFS 75 16/08/2004 How do you use the Financial Services Training Package (FSTP) to meet Tier 1 requirements for personal, sickness and accident products (PAI) and for conventional term deposit products that do not meet the basic deposit product definition (eg they exceed 24 months)?
QFS 104 19/12/2003 Does an adviser have to consider the financial situation, needs AND objectives of the client for advice to be considered personal advice under the Corporations Act 2001?
QFS 109 13/11/2003 Can an AFS licensee hold a binder without being an authorised representative?
QFS 114 19/04/2004 Who is my client?
QFS 116 24/11/2003 What dealing authorisations do I need to apply for if I am the trustee of a public offer entity in the superannuation industry?
QFS 121 13/01/2005 Is there a licensing exemption available for the issue of debentures?
QFS 122 19/05/2004 What guidance can ASIC give me about when I 'make a market'?
QFS 123 22/12/2004 I am an accountant. What advice can I provide about self managed superannuation funds (SMSFs) and related activity under reg 7.1.29?
QFS 125 08/03/2007 What is our approach to 'arranging'?
QFS 127 04/12/2003 If a retail client chooses to acquire a financial product, such as an interest in a managed investment scheme, and needs to fill out an application form to do so, what address should the client provide on that application form?
QFS 132 24/11/2003 Is a bill of exchange a financial product?
QFS 136 13/09/2006 What changes to a PDS, Short-Form PDS, Supplementary PDS or Supplementary Short-Form PDS trigger the requirement to lodge a new 'in-use' notice?
QFS 137 17/02/2004 What information about investment choice must a trustee of a superannuation fund include in its Product Disclosure Statement?
QFS 138 17/02/2004 What information about eligible rollover funds do superannuation trustees need to include in Product Disclosure Statements?
QFS 139 19/03/2004 What should an insurance intermediary do with premiums paid to it by a client?
QFS 144 22/06/2004 Does a regulated person need to actively notify clients of the availability of information that would have been included in a Product Disclosure Statement in order to rely upon s1012D(2)?
QFS 146 21/12/2006 How can continuous issuers of financial investments and contributory mortgage products comply with the PDS disclosure obligations?
QFS 150 25/11/2004 When financial services are provided to a trustee of a superannuation fund, are they provided to a retail client?
QFS 151 25/11/2004 Does Policy Statement 179 affect whether a client of a managed discretionary account is a wholesale client?
QFS 155 11/01/2005 How should common fund expenses be notionally allocated in periodic statements?
QFS 165 13/11/2006 I am an authorised representative (or general insurance distributor). Do I have to refer to my AFS licensee in business documents?
QFS 166 04/05/2007 I am a body corporate that is an authorised representative of a licensee. Do my officers and employees also need to be authorised representatives of the licensee?

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Please email the FSR Project Office for more information.

About our FAQs
These FAQs provide general information about how we are regulating the financial services industry following our implementation of the Financial Services Reform legislation. We are unable to provide legal advice or interpretations of the legislation. These FAQs should not be treated as legal advice, nor as statements of our policy.

We are not able to comment or provide guidance on specific commercial situations. We recommend that you get your own professional advice before making any decisions about your particular situation.


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