Kinetic Compliance

About Us

Diverse experience. Dynamic approach.
We see issues from multiple angles.

Our Experience

  • ASIC approved independent expert
  • Independent compliance partner to Australia’s largest financial advice group
  • Business and technology consultant
  • Compliance CPD and training presenters
  • Senior strategic policy adviser at ASIC
  • Financial services lawyers (inhouse, private practice & ASIC)

Charlie Huang

Director - BCom LLB LLM DipFP

Charlie thrives in problem solving and building solutions to complex issues. Prior to establishing Kinetic Compliance with Nadia, Charlie was a lawyer at ASIC and Minter Ellison. He also held a key leadership role as the Head of Legal at Centrepoint Alliance Ltd, an ASX listed financial services company. Charlie’s passion for financial services and his solutions-oriented approach has enabled him to achieve significant success in compliance consulting. He approaches matters by listening to ‘where you want to get to’ and then thinking of ‘the best way to get you there’.

Nadia Docker

Director - BBus

Nadia is known for building compliance solutions that are both commercial and practical. Prior to establishing Kinetic Compliance with Charlie, Nadia established a successful track record in integrating compliance processes with strategic and commercial objectives for financial advice businesses. Nadia is acknowledged as a compliance subject matter expert by multiple industry associations. Her in-depth knowledge acquired across various roles in the industry positions her perfectly to assist AFS Licensees in meeting their compliance obligations.

Our Services

Anything and everything to help clients meet their AFSL compliance obligations.

  • AFSL applications and variations

    We project manage the whole AFSL application/variation process with ASIC on your behalf.

    Our initial consultation will cover:

    • Structuring of your AFSL
    • Advice on your authorisations
    • Appointment of responsible manager(s)
    • Requirements to run an AFSL
  • Governance, Risk & Compliance (GRC) technical support

    We do the heavy lifting in compliance so you can focus on your business. We can establish, review or overhaul GRC framework for AFSLs.

    The GRC technical support service includes:

    • Organising and running quarterly compliance meetings as an external committee member
    • Providing, customising and updating your AFSL compliance framework (policy and procedures)
    • Providing regulatory updates and analysis of practical application to the AFSL
    • In-depth management of your conflicts and risk management framework
    • Advice file audits, monitoring, training and supervision of representatives
    • Ongoing technical compliance support.

    Our GRC technical support offering can be tailored for AFSLs that specialise in:

    • Retail advice businesses
    • Wholesale advice businesses
    • Funds management businesses (investment managers or trustees).
  • Training and education

    We have presented on compliance matters for a number of key industry associations including the Financial Planning Association of Australia (FPA) and the Boutique Financial Planners Principals Group (BFP).

    We can tailor compliance training to your AFSL or organisation in the following areas:

    • Responsible Manager training
    • Adviser training for FASEA Code of Ethics
    • CPD training on specific compliance subject matters for advisers and staff
    • PD Days and compliance workshops
    • Regulatory updates.
  • Framework review and gap analysis

    Leverage off our experience as independent experts and take an in-depth look at your AFSL compliance/GRC framework.

    Our reviews can be customised to the AFSL but typically include the following:

    • Policies, processes and procedures
    • Monitoring and supervision program
    • AFSL registers
    • Conflicts and risk management
    • Adviser and staff remuneration.
  • Tailored Compliance Projects

    If you have specific concerns or requirements, we can custom design specific compliance projects.

    Frequent projects we have done in the past include:

    • Establishing and running review and remediation programs
    • Due diligence for advice practice acquisition and adviser onboarding
    • Establishing wholesale financial service compliance framework
    • Establishing compliance framework for bespoke AFSLs
    • SOA templates review and overhaul
    • Customising AFSL policies
    • Design and implement compliance framework for trustees of wholesale funds.
  • Advice reviews and pre-vet

    Our review methodology is built on the work we have done as independent experts in several ASIC matters. We can review the advice provided by your representatives against the Corporations Act, ASIC regulatory guidance, FASEA Code of Ethics and provide you with a detailed report with remediation and guidance on improving advice outcomes.

  • Legal Services

    With a combined 25+ years of legal experience in financial services regulation, our lawyers understand the regulatory and the commercial aspects of financial services law.

    We can help you review with:

    • Representative appointment agreements
    • Transfer agreements
    • Asset sale/purchase agreements for financial services businesses
    • Disclosure documents (including PDS and Information Memorandum)
    • Navigating through complex regulatory requirements.

    It is important for you to know when you are receiving legal services (as opposed to compliance consulting services) from us. Unless legal services are specifically agreed with you, our services are provided in our capacity as compliance consultants.

    Before we provide legal services to you, we will discuss and agree on the scope of work with you so it is clear that we are acting as your legal advisers for that agreed scope only. When we act as your legal advisers, our services may be protected under legal professional privilege principles, which is an added protection for you. When we provide legal services to you, our liability is limited by a scheme approved under the Professional Standards Legislation.

  • Regulator Engagement

    We have more than 20 years of combined experience in regulatory process and engaging with the regulators.

    We can advise on matters including:

    • Breach reporting and incident management
    • Responding to s33 and s912C notices
    • Attending ASIC hearings
    • Engagement as independent expert
    • Advising on ASIC conditions
    • Making submissions on ASIC’s policy consultation.

Something we can help your business with?

Let’s talk

Testimonials

"Kinetic Compliance are an integral part of our advice practice and we could not recommend them highly enough. They are genuinely the most important business partnership that we have and simply have all bases covered when it comes to assisting licensees in managing their AFSL. From their day to day technical advice, to their quarterly compliance committee and adviser audits, all experiences are engaging and user friendly. Our advisers genuinely enjoy engaging with and learning from them. We find their common sense and practical guidance invaluable in building our advice firm of the future."

Ryan Watson – CEO of Tribeca Financial

"We’ve been working with the team at Kinetic for a number of years across numerous financial service companies each with differing regulatory requirements and scope. They are the only compliance specialist business I will use in order to have complete confidence that we are getting current, comprehensive accurate advice and support. Extremely quick to respond and generous with the time they will spend working through issues, we are delighted with the trusted partnership we have established together."

Cameron Vallve – Director of Oak Financial Planning

"As the facilitator of a self-licensed community of advisers, and the service provider of AFSL services, specialist self-licensed expertise is vital to assist boutique AFSLs interpret and manage their governance responsibilities. Kinetic assist us to deliver practical and implementable best practice compliance advice and, a robust education curriculum. As a consequence, we believe that, because of Kinetic, our complete service solution for AFSLs is best of breed and market leading. The team at Kinetic live and breathe the same air as our self-licensed boutiques and approach the delivery of their expertise from a deep understanding of advice, advisers and the process of advice delivery and the inherent complexities of running an advice business. It is this understanding that makes their service delivery relevant, contemporary, accessible, practical and commercial."

Andy Marshall - Head of IOOF Alliances

"We have been working with the team from Kinetic Compliance for the past 3 years. We have found the advice and service practical, professional, and business minded. The team took the time to truly understand our unique business and how they can best partner with us to help build and improve our compliance systems and processes. In a highly regulated environment where you need a partner you can trust, Kinetic Compliance has consistently delivered."

Dean Holmes – Responsible Manager, The Wealth Network

"Our company has recently engaged Kinetic Compliance for external compliance advice and the independent chairing of our compliance committee. Kinetic Compliance were recommended to us and have delivered a highly practical and professional service. Having prior experience in financial services firms has enabled Kinetic to understand the inner workings of a firm and the challenges they face. Kinetic provides compliance advice practically by not only explaining how regulations apply, but also how we can implement processes and risk management in practice.

Kinetic only provides us with the information we need to know, filtering the numerous and frequent regulatory developments to provide clear guidance which apply to our compliance framework specifically. This has allowed us to navigate the ever-evolving regulatory environment in financial services and develop a framework to mitigate the risks we face. We would highly recommend Kinetic Compliance to anyone seeking external assistance in implementing and maintaining their compliance framework."

Brendan Moore – Head of Compliance an Operations, Carnbrea & Co Ltd

Our Experience

Our experience speaks for itself. You will have a trusted partner in your corner who thinks outside the box.

  • Delivered large scale SMSF client review and remediation program as ASIC approved independent expert in court enforceable undertaking;
  • Led large scale advice file review program as independent expert in court enforceable undertaking;
  • Managed multiple review and remediation programs as independent compliance consultant;
  • Partnership with IOOF Alliances to deliver compliance services to its network of self-licensed AFSLs;
  • Compliance subject matter expert and training provider for Financial Planning Association, IOOF Alliances and Boutique Financial Planners;
  • Represented multiple AFSLs in negotiations with ASIC (hearings, enforceable undertakings and licence conditions);
  • Significant contribution to financial services regulatory policy (MDA, funds management risk and governance, RG 166);
  • Former ASIC stop order hearings delegate;
  • Independent compliance consultant for major industry superannuation fund in review of intra fund advice process; and
  • Assisted NYSE listed wealth management business in establishing compliance framework for distribution to wholesale clients in Australia.
Our Experience

Let’s Work Together

21/357 Collins Street

Melbourne VIC 3000

© 2020 Kinetic Compliance