Boca is neither currently authorised to provide financial services in Australia under an Australian financial services licence nor is it exempted from holding a licence.
Boca was previously appointed as a corporate authorised representative of Finsa Pty Limited in January 2015 and this appointment ceased some 8 months later. Even at the time Boca was a corporate authorised representative of Finsa, it would not have been able to lawfully provide some of the financial services in Australia advertised on its website. As an authorised representative Boca can only be authorised to provide a specified financial service ‘on behalf of’ a licensee, and not on its own behalf.
ASIC Commissioner Cathie Armour said, ‘This is another example of an entity in the retail margin FX industry misrepresenting it is regulated by ASIC.’
‘Industry participants need to be clear on the limitations of using a corporate authorised representative business model. Authorised representatives that purport to issue financial products on their own behalf will expose themselves to regulatory action for unlicensed conduct.’
‘Authorised representatives that falsely market themselves as a product issuer will face regulatory action for misleading and deceptive conduct. Licensees that allow their authorised representatives to act this way may also risk regulatory action for failing to adequately supervise their representatives.’