The Industry Spread

ASIC Cancels Retail OTC Derivative Issuer Berndale Capital Securities Licence and Bans Former Director

ASIC

ASIC has cancelled Melbourne based retail OTC derivative issuer, Berndale Capital Securities Pty Ltd’s (Berndale) Australian Financial Services (AFS) licence.

ASIC has also banned Stavro D’Amore, of Middle Park, Victoria, a former director of Berndale, from providing financial services for a period of six years. Mr D’Amore was the sole responsible manager and key person on the AFS licence.

Following an administrative hearing, ASIC found that Berndale:

ASIC also found Mr D’Amore:

‘AFS licensees must ensure that they comply with their reporting, competence and resourcing obligations. If an AFS licensee chooses to allow other entities to operate under its license, ASIC expects that the licensee will ensure that the representatives are not providing unlicensed financial services and are properly monitored. ASIC will take decisive regulatory action to address this type of misconduct to prevent investor harm’, ASIC Commissioner Cathie Armour said.

To minimise the impact of the cancellation on past and current clients of Berndale, the cancellation will be subject to a specification that the AFS licence continues until 20 December 2018 for the purpose of finalising existing client trading accounts.

Further, Berndale’s AFS Licence continues until 23 May 2018 for the purpose of having a dispute resolution scheme in place to resolve any disputes with the Australian Financial Complaints Authority (AFCA); and to resolve any applicable compensation requirements including professional indemnity insurance.

Berndale and Mr D’Amore each has the right of review to the Administrative Appeals Tribunal in respect of ASIC’s decision.

Background

Berndale Capital Securities Pty Ltd: ACN 113 616 032

AFS Licence: 290108

The AFCA has replaced the Financial Ombudsman Service, the Credit and Investments Ombudsman and the Superannuation Complaints Tribunal.