Compliance
Regulator Strips Australian Firm Of Derivatives Licence; Has Other Firms In Its Sights

An Australian financial services firm has been stripped of its licence in derivatives after a regulator found it hadn’t met a number of licence obligations.
An Australian financial services firm has been stripped of its
licence in derivatives after a regulator found it hadn’t met a
number of licence obligations.
The Australian Securities and Investments Commission cancelled
the Australian financial services licence of Global Derivative
Services Pty Ltd, it said in a statement yesterday.
“According to its website, GDS holds itself out as a leader in
the field of forex, binary options and contracts for difference.
The company's only director, Brenton Ganesh Nair, lives in South
Africa,” ASIC said.
GDS did not comply with the following: the appointment and
ongoing competency of the key person on the AFS licence;
notification of changes to the responsible person; lodgement of
accounts; payment of debts; adequacy of financial and human
resources, by failing to maintain an Australian resident director
and registered office, and failing to provide up-to-date details
with the Financial Ombudsman Service and on its website.
“Licensees must ensure they are up-to-date and actively complying
with all current obligations. ASIC will not hesitate to act
against licensees who fail in this regard,” Greg Tanzer,
commissioner at ASIC, said.
The regulator said that over the past two years it has seen a
rise in the number of entities applying for an AFS licence
authorising the entity to operate a retail OTC derivative
business, particularly in the area of retail margin foreign
exchange services.
“ASIC is continuing to conduct a surveillance of this industry
and currently has several investigations into retail OTC
derivative businesses on foot,” it added.
GDS has the right to lodge an application for review of ASIC’s
decision with the Administrative Appeals Tribunal.