Application
This unit describes the skills and knowledge required to analyse client needs and provide advice ethically and professionally in margin lending, in compliance with industry regulations and codes of practice. It addresses the training requirements of current Australian Securities and Investments Commission (ASIC) and Australian financial services (AFS) licensing at Tier 1 level.
It applies to individuals who analyse client needs and provide advice about financial products and services using well-developed interpersonal skills and proficient communication and self-management skills.
Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the FNS Implementation Guide Companion Volume or ASIC for specific guidance on requirements.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
Elements describe the essential outcomes. | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1. Establish relationship with client and identify client’s objectives, needs and financial situation | 1.1 Establish client’s knowledge about financial products and services 1.2 Respond to enquiries about margin lending products and services by explaining range of products and services available and their relevant fee and charging methodology 1.3 Inform client about role of adviser and licensee or principal responsible for adviser's conduct, including procedures for complaints handling and circumstances in which they should be engaged 1.4 Ask client about objectives and goals and obtain personal, financial and business details to identify client needs 1.5 Establish product risk profile of client, including expectations of cash flow and relevant taxation obligations |
2. Analyse client’s objectives, needs, financial situation and risk profile to develop appropriate strategies and solutions | 2.1 Undertake assessment of client needs using all information gathered, taking into account client’s product expectations and specific needs 2.2 Consult with client throughout analysis for further clarification where necessary 2.3 Analyse need for specialist advice and ensure client is referred to appropriate adviser for higher level or specialist advice if required 2.4 Assess and confirm product risk profile of client, demonstrating ASIC identified generic and specialist knowledge relevant to products being offered 2.5 Determine appropriate strategy to provide for identified needs and outcomes based on analysis of products, client risk profile and assessment of client needs 2.6 Conduct relevant research, analysis and product modelling, and draft appropriate solution, plan, policy or transaction for presentation to client |
3. Present appropriate strategies and solutions to client and negotiate financial plan, policy or transaction | 3.1 Apply appropriate knowledge for service or product offered when presenting product 3.2 Clearly and unambiguously explain proposed transaction to client 3.3 Reinforce all relevant details, terms and conditions of product and/or service 3.4 Disclose impacts and possible risks of solution in clear and concise manner 3.5 Provide supporting written documentation and guide client through key aspects of documentation 3.6 Discuss and clarify any concerns or issues client has regarding proposed plan, policy or transaction 3.7 Confirm that client understands proposed plan, policy or transaction |
4. Agree to plan, policy or transaction and complete documentation | 4.1 Obtain client’s formal agreement to proposed plan, policy or transaction 4.2 Clearly explain and confirm that client understands all associated fees, cost structures and timeframes for execution and processing 4.3 Ensure that proposal and all other statutory and transactional documents are completed and signed off by client 4.4 Exchange copies of signed agreement and other appropriate documentation |
5. Provide ongoing service where requested by client | 5.1 Ensure that type and form of ongoing service, including reporting on performance and review of plan, policy or transaction, is agreed with client 5.2 Clearly explain all fees and costs for ongoing and specifically defined services, and check that client understands these details 5.3 Provide ongoing service as required |
Evidence of Performance
Evidence of the ability to:
interpret and comply with industry regulations and codes of practice
analyse client needs, financial situation and risk profile, and prepare appropriate strategies or solutions relating to margin lending
provide accurate and ethical advice on margin lending products and services
implement the plan, policy or transaction once agreed by the client and complete documentation accurately.
Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.
Evidence of Knowledge
To complete the unit requirements safely and effectively, the individual must satisfy generic and specialist knowledge requirements relevant to the products and activities in which advice is given.
Generic knowledge
analyse and provide an overview of the economic environment including:
characteristics and impact of economic and business cycles
interest rates and exchange rates
inflation
government monetary and fiscal policy
analyse and provide a detailed explanation of the operation of financial markets including:
roles played by intermediaries and issuers
structure and interrelationships within the financial markets
interrelationship between industry sectors
outline financial products including:
concept of a financial product – general definition, and specific inclusions and exclusions
types of financial investment products
types of financial risk products.
Specialist knowledge
discuss types of margin lending facility products (encompassing standard margin lending facilities and non-standard margin lending facilities),associated risks and alternative products (derivatives where relevant)
outline characteristics of margin lending products including:
how the various types of margin lending facility products operate
providers' and clients' rights and responsibilities
effect of provider taking security over clients' assets
effect of provider receiving a transfer of the clients' assets
calculating loan-to-value ratios of both individual products and the overall portfolio
consequences of issuers altering the loan-to-value ratio of individual products
margin calls – ways of making a margin call, consequences of margin calls and how they may be resolved, and strategies by which the borrower may avoid margin calls
approved product list – consequences of removing a product from the approved products list
outline taxation issues in relation to margin lending facilities including:
deductibility of costs associated with margin lending, including interest payments
liability for capital gains tax (CGT)
discuss the legal environment including disclosure and compliance covering:
role of the representative or adviser
relevant legal principles relating to the Corporations Act, Australian Securities and Investments Commission (ASIC) Act, Privacy Amendment (Private Sector) Act, Financial Services Reform Act (FSRA) and Competition and Consumer Act
relationship between ethics and regulatory requirements including good faith, faith, utmost good faith, full disclosure of remuneration and fees, and any other conflicts of interest which may influence the adviser's recommendation
relevant industry standards and codes of conduct
regulators’ guidelines including ASIC Regulatory Guide (RG)146 requirements
complaints resolution procedures (external and internal)
explain theories of investment, portfolio management and management of investment and risk including:
investment concepts
investment strategies for margin lending, including the role of cash flow and alternative investment strategies
investment options using a margin lending facility
identification of types of risk, including an awareness of the sensitivity of margin lending strategies to changes in interest rates and investment returns
client risk profile, including an awareness of the source and stability of clients’ income source, the source of funding for the investment and risk profiles unsuited to margin lending facility products
stress testing of proposed client portfolio
understanding of risks associated with gearing – the relationship between levels of gearing and risks, and risks associated with double gearing
Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the financial services and products advice field of work and include access to:
office equipment, technology, software and consumables
margin lending product information
Assessors must satisfy NVR/AQTF assessor requirements.
Foundation Skills
This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.
Skill | Performance Criteria | Description |
Reading | 2.1, 2.5, 2.6 | Recognises and interprets textual information from relevant sources |
Writing | 1.1-1.3, 1.5, 2.1, 2.2, 2.4-2.6, 3.2, 3.3, 3.5, 3.7, 4.1, 5.1 | Uses clear, specific and industry related terminology to complete and consolidate workplace documentation |
Oral Communication | 1.1-1.5, 2.2, 2.4, 3.2-3.7, 4.2, 5.1, 5.2 | Clearly articulates requirements using industry specific language appropriate to the audience and environment, and participates in negotiated outcomes Uses active listening and questioning to confirm understanding and elicit information |
Numeracy | 1.5, 5.2 | Interprets financial product information and calculates client costs, risks and returns |
Navigate the world of work | 1.3, 2.4, 2.6, 3.3, 3.4, 5.1 | Takes personal responsibility for following explicit and implicit policies, procedures and protocols to provide advisory services and documentation that complies with legal, ethical and organisational requirements Extends knowledge of product features and applications relevant to current role |
Interact with others | 1.5, 2.4, 3.5, 3.6, 4.2, 5.2 | Selects and uses the appropriate conventions and protocols when communicating with clients to build rapport, seek and share information, establish clear agreement and maintain an ethical service relationship Adapts personal communication style to show respect for the values, beliefs and cultural expectations of others |
Get the work done | 1.5, 2.1, 2.3, 2.5, 2.6, 3.1, 4.1, 4.3, 4.4, 5.3 | Takes responsibility for the planning, sequence and priority of tasks within own workload to achieve effective and compliant outcomes Applies systematic and analytical decision-making processes to determine and implement solutions that meet client needs and financial requirements Uses the main features and functions of digital tools to complete work tasks |
Sectors
ASIC units