ASIC Regulatory Guide 181: Managing Conflicts of Interest
Details
This guide sets out ASIC's general approach to compliance with the statutory obligation to manage conflicts of interest in s912A(1)(aa) (the conflicts management obligation), guidance for licensees generally on controlling and avoiding conflicts of interest, guidance for licensees generally on disclosing conflicts of interest. In particular, this policy sets out:
- ASIC's general approach to compliance with the statutory obligation to manage conflicts of interest in s912A(1)(aa) (the conflicts management obligation) (see RG 181.8, RG 181.26)
- Guidance for licensees generally on controlling and avoiding conflicts of interest (see RG 181.27,RG 181.48)
- Guidance for licensees generally on disclosing conflicts of interest (see RG 181.49, RG 181.63)
The conflicts management obligation and this guide relate to conflicts of interest that arise within a licensee’s financial
services business. This policy also applies to conflicts of interest that arise between something within the financial services business and something outside it. The policy does not apply to conflicts of interest that occur wholly outside a licensee’s financial services business. This policy applies to services provided to both retail and wholesale clients,
and to the conduct of licensees as well as their representatives.
This policy is not a summary of all legal obligations relating to conflicts of interest. Licensees should consider other
legislative requirements (such as Chapters 2D, 2E and 5C of the Corporations Act), and regulations and common law that apply to conflict of interest situations—both within and wholly outside the licensee’s financial services business.
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Jurisdiction | Australia |
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Type | Laws or related obligations |