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ASIC Raises Alarms Over Shield and First Guardian Funds

ASIC has highlighted significant concerns about the Shield and First Guardian master funds, indicating that platforms hosting these funds should have declined due to various red flags. The lack of performance track record and high-risk nature of the products were key factors in this assessment. Despite no explicit reports of misappropriation, the regulator emphasized that trustees should prioritize investor protection.

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Equity Trustees, the host of Shield, had raised concerns about Venture Egg and InterPrac with ASIC, linking them to the investigation. However, no trustee had reportedly flagged issues with the funds to the regulator. Platforms were the primary route for investors to access Shield and First Guardian, underscoring trustees’ responsibility to safeguard members’ funds.

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The collapse of these funds has become a top priority for ASIC, with millions of dollars at stake for thousands of investors. Allegations of payments to advice firms to drive customers into the funds without considering their best interests have raised serious concerns. The regulatory investigation revealed substantial fund flows and potential misuse of investor funds.

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As ASIC intensifies its scrutiny, the need for trustee oversight is paramount. Recent discussions between APRA and ASIC underscored the importance of trustees’ legal obligations, emphasizing the need for enhanced due diligence processes and governance models. The industry is urged to adopt more sophisticated monitoring mechanisms to detect risks early and prevent future harm to investors.

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Trustees are now under pressure to strengthen their oversight of advisers and managed investment schemes. The involvement of financial advisers in recommending products does not absolve trustees of their fiduciary duties. The industry is reevaluating its practices to prevent similar incidents and ensure member outcomes are prioritized.

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The fallout from the Shield and First Guardian saga has prompted calls for collaborative efforts among trustees to enhance industry practices. Regulators are advocating for a proactive approach to disrupt business models that could compromise member interests. The proliferation of platform products has raised concerns about weakening confidence in the superannuation system, necessitating a unified response from all stakeholders.

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As the investigation unfolds, the focus remains on holding trustees accountable for their role in safeguarding investor funds. The industry is at a critical juncture where regulatory oversight and trustee diligence are paramount to restoring trust and preventing future financial harm to investors.

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