This instrument is made under paragraph 926A(2)(a) of the Corporations Act 2001.
4 Simplified outline of this instrument
Adara Advisors, an Australian financial services licensee, has a business which relies on prominent members of the financial services industry to work on corporate advisory matters on a pro bono basis for Adara Partners. Adara Partners is an authorised representative of Adara Advisors. The fees generated from services rendered to wholesale clients of Adara Partners are donated to an international development organisation.This instrument provides exemptions from subsection 911B(1) of the Act so that:(a) a person (called a Panel Member) who provides financial services as an employee or director of another person (called a Panel Member Firm) is able to provide financial services as an authorised representative of Adara Advisors without also being an authorised representative of the Panel Member Firm; and(b) a person (called a Volunteer) who is a representative of another person (called a Volunteer Firm) and who is also an employee of the Volunteer Firm or a related body corporate is able to provide financial product advice to Adara Partners on behalf of Adara Advisors without being an authorised representative of both Adara Advisors and the Volunteer Firm.The exemptions are subject to various requirements.
A person (Panel Member) who provides financial services (the relevant financial services) in this jurisdiction on behalf of Adara Advisors does not have to comply with subsection 911B(1) of the Act in relation to the provision of the relevant financial services.
7 Where exemption for Panel Members applies
The exemption in section 6 applies where:
(a) Adara Advisors holds an Australian financial services licence covering the provision of the relevant financial services; and
(b) the Panel Member is an authorised representative of Adara Advisors; and
(c) the authorisation covers the provision of the relevant financial services by the Panel Member; and
(d) the Panel Member is an employee or director of another person (Panel Member Firm) who carries on a financial services business; and
(e) the Panel Member provides financial services in this jurisdiction on behalf of the Panel Member Firm; and
(f) the Panel Member, in their capacity as an authorised representative of Adara Advisors, only provides financial services to people (each a Client) as wholesale clients who have entered into a contract for services with Adara Partners; and
(g) Adara Partners is an authorised representative of Adara Advisors; and
(h) Adara Advisors has received from the Panel Member written confirmation that the Panel Member has received the consent of the Panel Member Firm to the Panel Member being appointed as an authorised representative of Adara Advisors; and
(i) Adara Advisors has a written undertaking from the Panel Member:
(i) to manage conflicts of interest arising from acting as an authorised representative of Adara Advisors and as an employee or director of the Panel Member Firm; and
(ii) not to use confidential information obtained in the course of acting as an authorised representative of Adara Advisors when acting as an employee or director of the Panel Member Firm; and
(iii) not to use confidential information obtained in the course of acting as an employee or director of the Panel Member Firm, when acting as an authorised representative of Adara Advisors; and
(iv) not to receive any financial benefit as a result of providing the relevant financial services; and
(j) Adara Advisors has received from the Panel Member written confirmation that the Panel Member Firm has confirmed that there is no conflict of interest for the Panel Member Firm in the Panel Member providing the relevant financial services; and
(k) before providing the relevant financial services to a Client, the Panel Member has disclosed to that Client in writing that they are:
(i) an authorised representative of Adara Advisors; and
(ii) an employee or director of the Panel Member Firm which holds an Australian financial services licence, which they must identify; and
(iii) relying on an exemption granted by ASIC enabling them to provide financial services on behalf of Adara Advisors as its authorised representative without also being an authorised representative of the Panel Member Firm as would otherwise be required by the Act; and
(iv) providing the financial services only as an authorised representative of Adara Advisors; and
(l) the Panel Member Firm does not receive any financial benefit as a result of the Panel Member providing the relevant financial services.
8 Exemption for Volunteers
A person (Volunteer) who provides financial product advice in this jurisdiction on behalf of Adara Advisors does not have to comply with subsection 911B(1) of the Act in relation to the provision of the financial product advice.
9 Where exemption for Volunteers applies
The exemption in section 8 applies where:
(a) Adara Advisors holds an Australian financial services licence covering the provision of the financial product advice; and
(b) the Volunteer is a representative of Adara Advisors; and
(c) the Volunteer is a representative of another person (Volunteer Firm) who carries on a financial services business and the Volunteer is an employee of the Volunteer Firm or a related body corporate of the Volunteer Firm; and
(d) the Volunteer only provides the financial product advice to Adara Partners to support Adara Partners to provide financial services to wholesale clients of Adara Partners; and
(e) the Volunteer does not provide financial product advice to clients of Adara Partners; and
(f) Adara Partners is an authorised representative of Adara Advisors; and
(g) Adara Advisors keeps a register of Volunteers that it engages; and
(h) Adara Advisors has received from the Volunteer written confirmation that the Volunteer has received the consent of the Volunteer Firm to the Volunteer being engaged by Adara Advisors as its representative; and
(i) Adara Advisors has a written undertaking from the Volunteer:
(i) to manage conflicts of interest arising from acting as a representative of Adara Advisors and a representative of the Volunteer Firm; and
(ii) not to use confidential information obtained in the course of acting as a representative of Adara Advisors when acting as a representative of the Volunteer Firm; and
(iii) not to use confidential information obtained in the course of acting as a representative of the Volunteer Firm when acting as a representative of Adara Advisors; and
(iv) to satisfy the training requirements of the Volunteer Firm in relation to conflicts management, confidential information, and any other relevant training; and
(v) not to receive any financial benefit as a result of providing the financial product advice; and
(j) Adara Advisors has received from the Volunteer a written notification that the Volunteer Firm has confirmed that there is no conflict of interest for the Volunteer Firm in the Volunteer providing the financial product advice; and
(k) the Volunteer does not receive any financial benefit as a result of the Volunteer providing the financial product advice.
Part 3—Repeal
10 Repeal
This instrument is repealed at the start of 1 October 2030.