Question
Parkview Investments Ltd (Parkview) is a small company incorporated in Australia. James, Andrew and Rob are the directors of Parkview. The company seeks to establish
Parkview Investments Ltd (Parkview) is a small company incorporated in Australia. James, Andrew and Rob are the directors of Parkview. The company seeks to establish a niche for itself as a low-cost operator, marketing international securities to its clients. The company holds an Australian Financial Services Licence which permits it to give general product advice about the securities in which it deals. The company's strategic plan rests upon the low-cost management of its client advice business. To this end, Parkview established a website to which its clients might subscribe. Client subscribers to the site pay a set fee for using the site which enables them to access specialist investor information and performance analysis of securities proposed for investment. In accessing this information clients are asked to provide information about their financial situation, their requirements and their expectations of any proposed investment in terms of capital and income return. Based on the information provided by clients and the algorithms set by the company, the computer then generates a recommendation to the website, recommending whether a client subscriber should 'acquire securities. Answer the two questions below by reference to the relevant legislation and case law:1.Advise Parkview as to whether its website might be considered a 'financial product' and whether the company might be providing financial advice via the website (10 marks); and2. What are the implications of your answer to Question 1 above for the company's compliance with the terms of its AFS Licence? (10 marks).
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started