NZQA registered unit standard 25653 version 2 Page 1 of 4 Title Apply legislation, regulations, and codes of practice, maintain business records, and respond to fiduciary issues Level 5 Credits 5 Purpose People credited with this unit standard are able, as a financial adviser, to: – demonstrate understanding and application of legislation, regulations, organisational policies, and industry and professional codes of practice – demonstrate understanding of the maintenance of required business records, and – demonstrate identification and application of relevant responses to fiduciary issues that arise in the performance of the role of a financial adviser. Classification Financial Services > Financial Advice Available grade Achieved Explanatory notes 1 For the purposes of authorisation of a financial adviser under the requirements of the Financial Advisers Act, the Financial Markets Authority will only recognise assessment conducted by The Skills Organisation through its centrally-administered assessment system. Therefore, the only valid assessment tool for this unit standard is an assessment administered by The Skills Organisation. 2 References Anti-Money Laundering and Countering Financing of Terrorism Act 2009; Consumer Guarantees Act 1993; Fair Trading Act 1986; Financial Advisers Act 2008; Financial Advisers (Disclosure) Regulations 2010; Financial Service Providers (Registration and Dispute Resolution) Act 2008; Privacy Act 1993; Industry codes of practice and all subsequent amendments and replacements. 3 Range Assessments requiring application or demonstration of skills and knowledge may be performed using workplace evidence or evidence derived from simulation or scenario based activities. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard 25653 version 2 Page 2 of 4 All activities must comply with legislation, regulations, and best practice, including any guidance notes published by the agency responsible for the relevant enactment or code. Outcomes and evidence requirements Outcome 1 Demonstrate understanding of and apply relevant legislation, regulations, organisational policies, and industry and professional codes of practice as a financial adviser. Evidence requirements 1.1 Interpret and apply relevant legislation and regulations to work as a financial adviser. 1.2 Interpret and apply relevant industry and professional codes of practice to work as a financial adviser. 1.3 Carry out necessary procedural requirements relating to the legislation and regulations. Outcome 2 Demonstrate understanding of the maintenance of required business records as a financial adviser. Evidence requirements 2.1 Explain how business records are maintained in accordance with requirements of relevant legislation, regulations, and industry and professional codes of practice. Range records include – tax, training, client and other statutory records, and commercial and business agreements. Outcome 3 Identify and apply relevant responses to the fiduciary issues that arise in the performance of the role of a financial adviser. Evidence requirements 3.1 Explain how, when, and what fiduciary issues arise in providing financial advice and the appropriate actions to be taken to ensure fiduciary responsibilities are met. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard fiduciary responsibilities include – acting with the highest degree of personal and professional integrity, placing clients’ interests ahead of the interests of the person providing advice, the recognition, disclosure and management of conflicts of interest, and the avoidance of improper influences. Note that fiduciary responsibility does not prohibit charging for services, providing disclosure and consent exists. Range 3.2 25653 version 2 Page 3 of 4 Demonstrate ethical behaviour in compliance with relevant fiduciary standards, legislation, regulation, and industry and professional codes of practice. Range ethical behaviour includes but is not limited to appropriately approaching – confidentiality; duty of care; non-discriminatory practices; full disclosure of remuneration, fees, and conflicts of interest that may influence any recommendation where required; good faith; remaining within candidate’s field of competence. Planned review date 31 December 2017 Status information and last date for assessment for superseded versions Process Version Date Last Date for Assessment Registration 1 20 February 2009 31 December 2017 Review 2 19 February 2015 N/A Consent and Moderation Requirements (CMR) reference 0003 This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do. Please note Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment. Industry Training Organisations must be granted consent to assess against standards by NZQA before they can register credits from assessment against unit standards. Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards. Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the Consent and Moderation Requirements (CMR). The CMR also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard 25653 version 2 Page 4 of 4 Comments on this unit standard Please contact The Skills Organisation reviewcomments@skills.org.nz if you wish to suggest changes to the content of this unit standard. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016