Assessment

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FNSCMP501 Assessment

Student name:

For your assessment to be marked you must complete and upload all tasks and this cover sheet via the AAMC Training Group portal. Your assessment tasks must be uploaded in an electronic format i.e. Word, Excel, PDF or Scan. A maximum of five (5) attachments (maximum 20MB each) can be uploaded for this assessment. Please see the step-by-step instructions in your Member Area on how to upload assessments.

Once your assessment has been uploaded it will be pending review with your nominated course assessor and marked within 5-10 working days. You will receive an email advising you have been marked as “satisfactory” or “additional information required”.

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I understand that plagiarism is a form of cheating. It is taking and using someone else’s thoughts, writings or inventions and representing them as my own. I also understand that Plagiarism is a serious act and may result in a student’s exclusion from a module or a course.

Checklist of attachments:

☐ Knowledge questions

Please indicate style of course undertaken:

☐ Online Virtual Class

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CREDIT TRANSFER

You may be able to claim credit transfer for a unit/s of competency that you have previously completed with AAMC Training or another RTO. If you have been awarded a record of result or statement of attainment for any of the units detailed below then please go to the Credit Transfer tab in your Learning Centre and follow the prompts.

This assessment relates to the following units of competency:

FNSCMP501 Comply with financial services legislation

Please refer to AAMC Training’s full Recognition Policy for further details.

Task 1 – Knowledge Questions

The RG234 contains good practice when promoting financial products/services and credit products/services. The RG234 sets out the legal obligations to not make false or misleading statements or engage in misleading or deceptive conduct.

Your employer (MNO Financial Services Pty Ltd) has asked you (mortgage broker) to create an email to promote the mortgage broker business.

Select three correct answers on how a mortgage broker can ensure maintenance and currency of promotional information.

Refer to the aggregator product information when selecting the product to ensure currency.

Regularly review the products advertised; otherwise, the business you work for will be perceived as unprofessional.

Always promote the cheapest interest rate, encouraging clients to call you to drum up business.

A disclaimer stating: “Terms and conditions apply and the needs of the client has not been considered in the promotional material.”

Promote the lender with the highest paying commission as you can maximise your return.

Your employer (MNO Financial Services Pty Ltd) has asked you (mortgage broker) to create an email to promote the mortgage broker business.

Referring to the Compliance, Regulation & Ethics Learner Guide under the section “Advertising”, list four items you need to consider when maintaining legislative, regulation and industry codes of practice in the email.

John and Davina have approached you to discuss their finances. You notice Davina seems to be intoxicated as she is slurring her words, is unable to make eye contact, unable to hold herself upright, and permeates a smell of alcohol.

Explain your obligations and ethical requirements you need to uphold when interviewing John and Davina.

A mortgage broker must keep John and Davina’s records as per the guidelines in the RG273.

Refer to the Compliance, Regulation & Ethics Learner Guide and list 4 records the RG 273 expects a mortgage broker to record. 

In the initial interview, John and Davina Lovric requested a 3-year fixed interest rate of 2.59% pa to avoid any future interest rate rises and help them manage their repayments every month. After the home loan settled, they noticed that the fixed interest rate was 2.69% pa in their settlement letter.

John called the mortgage broker (Mr. Michael Horvat from MNO Financial Services Pty Ltd) on the 3rd of May 20XX, asking why the 3-year fixed-rate differed from the letter of offer they had signed. The mortgage broker on the 4th of May 20XX confirmed the 3-year fixed-rate Guaranteed Lock Fee was not selected. By not selecting the Guaranteed Lock Fee, the rate would be determined on the day of settlement.

The mortgage broker has checked the file notes stating John and Davina do not wish to guarantee the 3-year fixed rate. The notes read that they felt the rates would remain stable for some time and are not keen on paying the Guaranteed Lock Fee to secure the rate. John and Davina do not recall this conversation. John and Davina feel the mortgage broker is responsible as they thought they had nominated the Guarantee Lock Fee.

The mortgage broker is unable to assist further and has advised John and Davina on the 4th of May 20XX he will refer the matter to the owner of MNO Financial Services Pty Ltd. John and Davina are happy to refer the matter to MNO Financial Services Pty Ltd regarding the fixed interest rate on their home loan. They would like the interest rate amended to 2.59% or receive some form of compensation of $350 dollars per year for the interest rate difference.

After investigating the file, MNO Financial Services Pty Ltd had difficulty assessing who was at fault, so they decided to pay the clients annual package fee of $350 over the next three years as a gesture and goodwill.

Complete the Complaints Register Form and the Internal Dispute Resolution Form below.

COMPLAINTS REGISTER FORM

Date complaint received

Client name/s

Type of complaint/ dispute

Handled by whom

Outcome

(Satisfactory)

Date of transfer and the person who will action the complaint

INTERNAL DISPUTE RESOLUTION FORM

Name and contact details 

Primary consumer 

Secondary consumer 

First name

John

Davina

Last name

Lovric

Lovric

Date of birth

23/02/82

28/7/83

Postal Address

8 Ben St, Suburb, VIC 3000

8 Ben St, Suburb, VIC 3000

Email Address

[email protected]

[email protected]

Main telephone number

XXXX XXX XXX

XXXX XXX YYY

Alternative telephone number

03 XXXX XXXX

03 XXXX XXXX

Preferred method of contact

Email   Post

Email   Post

Select any that you identify yourself as:

☐  Aboriginal

☐  Torres Strait Islander

☐  Aboriginal

☐  Torres Strait Islander

(Optional) Do you need any special assistance with your complaint?

Please select any relevant

  Hearing 

  Vision 

  Physical 

  Speech 

  Other:  

  Hearing 

  Vision 

  Physical 

  Speech 

  Other:  

Do you need an interpreter?

If YES, which language?

Yes   No  

Yes   No  

Third Party Details 

Please fill out this form if you want another person or company to represent you in managing this complaint.

If you complete this form, the finance broker will send all correspondence to the person you have nominated and not to you. If the finance broker cannot contact that person, he/she may contact you using the details you gave above.

Organisation name

MNO Financial Services Pty Ltd

Contact name

Peter Normanby

Postal address

36 Carmel Drive, Suburb, XXX

Email address

[email protected]

Telephone number

XX XXXX XXXX

Details of the product/service you received 

What is the name of the person or business you are complaining about?

What type of product did the person or business provide to you?

Mortgage 

Personal Loan 

Financial advice 

Credit card 

Lease 

Not sure 

☐ Other:

What was the main purpose of this product?

Personal 

Business 

Investment 

Other:  

Names on the account:

Account or reference number:

Are you lodging this complaint on behalf of your business?

Yes    No 

Name of your business

How did you hear about us? 

☐ ASIC

☐ Internet search

Person or business you are complaining about 

☐ Australian Financial Complaints Authority (AFCA)

☐ Financial counsellor

☐ Credit repair company

☐ Community legal centre / Legal Aid

☐ Other Ombudsman

☐ Legal Private

☐ Word of mouth

☐ Other:

Complaint summary 

When did you first realise there was a problem?

Have you asked the person or business you are complaining about to fix the problem?

Yes  No 

If YES, approximately when?

Did the person or business respond to your complaint?

Yes   No 

If YES, approximately when?

Describe your complaint. Tell us:

• what happened,

• when it happened,

• who you think is responsible.

How would you like your complaint to be resolved?

Part of your mortgage broker agreement is that you hold Professional Indemnity. When completing the File Notes, Michael Horvat abided by the industry code of practice. The File Notes are a form of documentation to record conversations and actions taken by the mortgage broker. The File Notes showed the conversation with the clients concerning the Guaranteed Lock Fee.

Refer to the AntiRisk Professional Indemnity Certificate of Currency below and analyse whether the mortgage broker, Mr. Micheal Horvat, should claim the $1,050 reimbursement ($350 X 3 years = $1,050).

AntiRisk Professional Indemnity Certificate of Currency

Certificate of insurance for training purposes

Policy Number:

AR234284632897

Policy:

AntiRisk Mortgage and Finance Brokers Professional Indemnity Insurance Policy v04.19

The Insured:

Michael Horvat

Business:

Mortgage Broking, Finance Broking, Identifying and Arranging Finance, Third Party Referral Services, Mentoring Brokers, Mortgage Administration.

Period of
Insurance:

From: 20th October 202X at 4:00pm AEST

To: 20th October 202Y at 4:00pm AEST

Limit of Liability:

$2,000,000 any one claim & $6,000,000 in the aggregate

Excess:

$5,000 each and every loss

Policy Extensions:

Loss of Documents – up to $500,000

Emergency Defence Costs and Legal Representation Expenses – 10% of the Limit of Indemnity

Fidelity – up to $50,000

84 Month Run-Off Cover (upon application) for an Insured Entity

Fraud & Dishonesty

Complaints to ASIC approved under the EDRS with a maximum liability of $500,000 per covered loss.

Cyber Liability – up to $25,000

Free legal hotline

AntiRisk Professional Risk Underwriting Pty Ltd issues this Certificate under the authority granted to them by Risk International Australia (ABN 38 XXX XXX XXX).

This certificate of insurance is not a substitute for the Policy and Schedule of Insurance issued to you. The Policy details Your rights and obligations and the extent of Your insurance cover.

IN WITNESS WHEREOF, this Certificate was signed on the 20th day of October 202X.

P Smith

Authorised Signatory

Refer to the AntiRisk Professional Indemnity Certificate of Currency above.
Would this policy have covered the mortgage broker if John and Davina took their complaint to AFCA? List the policy extension that may apply.