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Another adviser banned over super and insurance advice

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By mbrownlee
June 27 2019
1 minute read
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ASIC
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A financial adviser has been banned from providing financial services for five years after ASIC surveillance found he had switched the superannuation accounts of some clients without investigating their existing arrangements.

ASIC has banned financial adviser Frazer Jon Muscat from providing financial services for a period of five years after an ASIC review of Mr Muscat’s advice found that he had failed to take into account his clients’ individual circumstances because he used a templated approach for all clients.

The surveillance by ASIC looked at advice Mr Muscat provided to clients when he was an authorised representative of Bristol Street Financial Services Pty Ltd.

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In a public statement, ASIC said Mr Muscat developed an “insurance needs calculation template”, which recommended his clients apply for levels of insurance that were higher than their circumstances required.

“In many cases, his recommendations were at complete odds with his clients’ current objectives and needs,” it said.

“Mr Muscat also switched the superannuation accounts of some clients from one provider to another without investigating their existing arrangements. In other cases, he recommended switching to a more expensive product without demonstrating that the switch would be in his clients’ best interests.”

ASIC said that by focusing his advice on switching insurance and superannuation, Mr Muscat also failed to provide advice on other relevant areas specifically requested by his clients, such as debt reduction and cash flow management.

ASIC commissioner Danielle Press said that when providing personal advice, ASIC expects financial advisers to take reasonable steps to understand their clients’ individual circumstances, needs and objectives before making any recommendations.

“Advisers have a legal obligation to act in the best interests of their clients at all times and, because client circumstances often vary considerably, using a templated approach will not produce the most appropriate advice recommendations in all instances,” Mr Press said.

Mr Muscat has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC’s decision.

This latest announcement follows the banning of another adviser earlier this week who received a permanent ban after ASIC found he had prioritised his own interests over those of his clients by providing inappropriate advice that maximised the amount of fees and commissions paid by clients.

Miranda Brownlee

Miranda Brownlee

Miranda Brownlee is the deputy editor of SMSF Adviser, which is the leading source of news, strategy and educational content for professionals working in the SMSF sector.

Since joining the team in 2014, Miranda has been responsible for breaking some of the biggest superannuation stories in Australia, and has reported extensively on technical strategy and legislative updates.
Miranda also has broad business and financial services reporting experience, having written for titles including Investor Daily, ifa and Accountants Daily.

You can email Miranda on: miranda.brownlee@momentummedia.com.au