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Compliance Corner: ASIC, Singapore
Editorial Staff
26 March 2020
Australian Securities and Investments Commission The suspension follows the appointment on 28 February 2020 of Christopher Darin, of Worrells Solvency & Forensic Accountants, as the firm's voluntary administrator. Ten days ago, Longhou had 18 authorised representatives providing financial services on its behalf. These people were able to provide advice and dealing services in relation to securities, derivatives and other financial products, but they must now cease activity. Longhou has held AFS licence no 292464 since 17 November 2005. Before 15 April 2016, it was known as Avestra Capital Pty Ltd and then AG Capital Markets Pty Ltd. TMF Trustees, according to the regulator, failed to verify trust settlors' sources of wealth. These were settlors, moreover, who presented higher risks than usual in respect of money laundering and terrorist finance. TMF believed and relied upon the settlors’ own representations about the sources of their wealth. It accepted bank reference letters from them without obtaining additional information. The regulator says that TMF ought to have kept a close eye on the transactions of trust relevant parties . MAS Notice TCA-N03 says that they might be: the settlor, the person who creates the trust and transfers assets into the trust; the beneficiary, the person who receives the benefits of the assets; the trustee, the person who holds and manages the assets for the benefit of the beneficiaries; or any person who has any power over the disposition of any property that is subject to the trust. TMF did not scrutinise the transactions of these people to work out whether they were consistent with its knowledge of their businesses, nor did it check risk profiles and the sources of their funds. TMF, no doubt at the regulator's prompting, hired a consultant to come up with a 'clean up' plan. It took prompt remedial action to fix all the MAS's objections and prompted TMF to strengthen its AML/ATF governance and controls to prevent future lapses. The company has devoted all its resources to dealing with this crisis, so it has been turning away new business for the last three months. The MAS defines a trust as a fiduciary arrangement that allows third parties, or trustees such as TMF, to hold assets for the benefit of beneficiaries. It defines settlor as a person who creates a trust and transfers assets into it. Each breach of Notice TCA-N03 is an offence punishable under s27B MAS Act, where the maximum prescribed fine is S$1,000,000 per offence. Compared with the United Kingdom, Singapore's regulatory fines have always been on the small side.
The Australian Securities and Investments Commission has suspended the Australian financial services licence of Longhou Capital Markets Pty Ltd, a financial services provider in Queensland, for a period of three months, expiring on 12 June.
MAS
The Monetary Authority of Singapore has levied a penalty on TMF Trustees Singapore Ltd equivalent to US$274,332 for breaking its anti-money-laundering and anti-terrorist finance rules for trust companies between June 2011 and April 2018. The regulator detected TMF's transgressions on a visit.