The Australian Securities and Investments Commission (ASIC) has permanently banned Christopher David Nairn, a former Melbourne-based director, from providing services or performing any functions in the financial and credit industries.

The decision comes after an investigation revealed that Nairn had falsified numerous documents by forging his clients' signatures, enabling him to misappropriate $650,000 in client funds.

ASIC Permanently Bans Melbourne Director from Financial and Credit Industries

ASIC found Nairn's conduct indicates a person lacking the necessary “honesty, integrity, professionalism, and trustworthiness” to participate in the financial markets. As a result, the regulator has permanently prohibited Nairn from controlling any entity that carries on a financial services business or engages in credit activities.

During his misconduct, Nairn was an Equus Private Wealth Pty Ltd director and an authorized representative under Capstone Financial Planning Pty Ltd's Australian Financial Services License (AFSL). Between July 2011 and December 2014, he also served as a credit representative of Capstone.

Under Australian law, individuals operating a financial services business must hold an Australian Financial Services License (AFSL), with certain exemptions. The Australian Securities and Investments Commission (ASIC) has the authority to ban AFSL holders or authorized representatives from providing financial services or conducting a business if deemed unfit and improper.

The ban took effect on May 22, 2024, and has been noted on ASIC's banned and disqualified register. Nairn has the right to appeal this decision to the Administrative Appeals Tribunal. Meanwhile, Capstone Financial Planning Pty Ltd is in the process of compensating affected consumers.

This week, ASIC also reported that a local court sentenced Daniel Ali, the former director of DanFX Trade Pty Ltd, to seven years and three months of imprisonment after he pleaded guilty to fraud. Ali had already served two and a half years in prison since his arrest in November 2021.

ASIC's Latest Regulatory Updates

To streamline access to essential licensing information, ASIC has announced the launch of its new Professional Registers Search (PRS) tool, which is set to go live in late June 2024. The PRS will offer users enhanced search functionality, allowing them to search for licenses and registrations across multiple register databases with a single query.

Last week, Trademax Australia Limited, which operates the TMGM brand locally, became the latest contract for differences (CFDs) and margin forex broker to receive interim stop orders from ASIC under the prevalent Design and Distribution Obligations (DDO).

Meanwhile, Argentex, a London-based currency risk management and alternative banking specialist, has successfully obtained AFSL. The license, granted by ASIC, allows Argentex Pty Ltd, the Australian entity of Argentex, to provide tailored currency risk management solutions and global accounts to wholesale clients throughout Australia.