AFS licensees are facing more government regulation and intervention than ever before. At the same time, increasing litigation by stakeholders, and particularly class actions, means that AFS licensees have never faced greater risks.

Decisions made by licensees in respect of governance, risk and compliance have the potential to make or break their businesses. We have seen many licensees whose businesses have been destroyed by poor risk and compliance decision-making. Similar problems occur when compliance and risk management advice is given by groups who have no real experience of financial services litigation. Too much advice is given by groups who focus on issues which are not relevant.

Halseys has extensive experience of the real risks faced by licensees, and the practical and technical requirements to ensure optimal governance, risk management and compliance across an organisation. The principals of Halseys are senior solicitors, both RG 146 qualified, and experienced as financial planners and responsible managers. We understand the real risks faced by AFS licensees, in a way that only litigation lawyers experienced in financial services can. We have acted in hundreds of disputes involving AFS licensees, so we have direct knowledge of the issues which arise when governance, risk and compliance are not rigorously managed. We have a unique blend of experience establishing systems and documentation, and dealing with disputes (ASIC, investors and other stake-holders).

Some of the services we offer are:

• governance reviews
• board evaluations, directors' induction and providing ongoing support
• advice in respect of professional indemnity and D&O insurance, provided by solicitors who have real experience managing claims and obtaining indemnity
• valuable strategic advice about risk issues for your business, including practical issues such as the management of authorised representatives, indemnities and the method of providing advice to individual clients
• assessment of the compliance services being provided to your business. Many of the compliance services we see are provided by individuals with limited real training, skill or experience
• sensible practical advice regarding asset protection, for both organisations and individuals

Click here to see our team's experience

Halseys offers advice and representation to the financial services industry