Temporary arrangements for trustees notifying ASIC of new responsible managers
On 20 January 2021, ASIC wrote to superannuation trustees who are now authorised, by law, to provide a superannuation trustee service.
In that letter, ASIC asked affected trustees to consider whether the existing responsible managers nominated for the purposes of their Australian financial services (AFS) licence have the combined knowledge and skills across all financial services and products covered by their AFS licence. If trustees’ existing responsible managers cannot meet these requirements, then trustees may need to appoint additional responsible managers that do.
Following recent feedback from the industry, as a temporary measure, ASIC will not require trustees notifying ASIC of the appointment of new responsible manager(s), for the provision of a superannuation trustee service, to provide the following proof documents that would usually be required at the time of notification:
- qualification certificates; and
- two business references.
The temporary arrangements apply to new responsible manager notifications only, in circumstances where the trustee does not request a separate variation to the conditions of their AFS licence.
In implementing the temporary arrangements, ASIC seeks to facilitate the efficient transition of public offer superannuation trustees to the new regulatory regime, in recognition of their longstanding RSE licenses and APRA’s role of licensing superannuation trustees for regulated superannuation funds.
Given the new authorisation captures activities currently undertaken by trustees in the course of operating their funds, we expect that trustees already have the appropriate people in place to act as responsible managers.
Temporary arrangements for non-public offer trustees
ASIC will also extend the temporary arrangements to non-public offer trustees applying to ASIC for a new AFS licence or to vary their existing AFS licence for authorisations to provide a superannuation trustee service and to deal in superannuation.
In recognition of their RSE licences issued by APRA and to promote an efficient transition to the new regulatory regime, non-public offer trustees nominating responsible managers for the provision of a superannuation trustee service and to deal in superannuation will not be required to provide qualification certificates and business references for the responsible managers.
However, ASIC may ask questions about the qualifications and competency of the nominated responsible managers as part of our assessment of non-public offer trustees’ AFS licence applications.
Non-public offer trustees that are in the process of, or considering a merger or successor fund transfer should contact ASIC at NPOtrustees@asic.gov.au as soon as possible.
The temporary arrangements will end on 1 July 2021.
Trustees must ensure that the remainder of the proof documents are submitted in accordance with ASIC’s requirements.