Document ID: chunk:federal_register_of_legislation:F2024L00996:schedule:4:p1
Version: federal_register_of_legislation:F2024L00996
Segment Type: schedule
Provision Reference: sch 4 (pt 1/3)
Character Range: 44494–47713

Schedule 4—Template Reference Request (Recruiting Licensee from Prospective Representative Licensee)
Reference Request
[name of prospective representative being recruited]
[insert recruiting licensee name and licence number] requests a reference from you under the ASIC Corporations and Credit (Reference Checking and Information Sharing Protocol) Instrument 2024/647(the Protocol) for the purposes of:
    * considering your employment or authorisation as a financial adviser or mortgage broker; and
    * complying with the general conduct obligations of a licensee under section 912A of the Corporations Act 2001 and section 47 of the National Consumer Credit Protection Act 2009 (where you become employed or authorised by the recruiting licensee).

Questions

    1. Background information

       (a)          Provide your name and the date of completion of the reference.

       (b) Provide your licence number and adviser number (if applicable) and the period of time you have held the licence.

       (c) Provide a brief description of your main responsibilities and licence authorisations.

    2. Compliance audits

       Note: Question 2 only applies if you are currently a financial adviser or mortgage broker.

    Complete the table in this question by providing information about compliance audits undertaken in relation to the provision of financial services or engaging in the credit activities under your licence in the 5-year period preceding the date the reference is given. In completing the table, indicate whether the compliance audit results/outcome were about non-compliance with financial services laws or credit legislation, or non-compliance with licensee processes. Also include a description of any remedial action (see definitions below).

Date of compliance audit  Brief description of results/outcomes  Brief description of  remedial action

    3. Your conduct

       Note: Question 3 is to be answered in relation to the 5-year period preceding the date the reference is given.

       (a) Have you reported a breach or reportable situation to ASIC (whether under former section 912D or section 912DAA of the Corporations Act 2001 or section 50B of the National Consumer Credit Protection Act 2009) in respect of your conduct in relation to the provision of financial services or engaging in the credit activities under your licence? [Yes/No]

       (b) If you answered Yes to Question 3(a), provide details on the relevant date, type and nature of the breach or reportable situation. Also include details of any remedial action.

       (c) Has your conduct or performance (including acts or omissions) in relation to the provision of financial services or engaging in credit activities under your licence involved any of the following:

           (i) dishonesty [Yes/No]

           (ii) unprofessional conduct [Yes/No]

           (iii) refusal or deliberate non-compliance in relation to the financial services laws or the credit legislation [Yes/No]

           (iv) gross incompetence or gross negligence [Yes/No]

           (v) a breach of the Financial Planners and Advisers Code of Ethics 2019 [Yes/No]

           Note: The conduct need not