Director permanently banned for illegal release scheme
The corporate regulator has handed a Perth director a permanent ban from financial services for operating an illegal early access to superannuation scheme.
Mark Travis Goldenberg has been banned from engaging in any credit activities and from performing any function involved in engaging in of credit activities, within the meaning of the Corporations Act 2001, including as an officer, manager, employee, contractor or in some other capacity, ASIC said in a statement.
Mr Goldenberg was the chief operating officer, general manager, property analyst and sole shareholder of Superfunded.
ASIC said Superfunded operated an illegal early access to superannuation scheme in Perth, enabling people to use their superannuation savings to buy a home.
It then noted that Mr Goldenberg and Superfunded engaged in credit activities but neither he nor Superfunded held an Australian credit licence, or were authorised credit representatives of an Australian credit licensee.
“ASIC found that Mr Goldenberg contravened credit legislation and had been involved in a contravention of credit legislation. ASIC also found that it has reason to believe that Mr Goldenberg is not a fit and proper person to engage in credit activities as he does not possess the attributes necessary for engaging in credit activities,” ASIC said.
“As a result of Mr Goldenberg’s conduct and ASIC’s finding that it has reason to believe that Mr Goldenberg is not a fit and proper person to engage in credit activities, ASIC determined that Mr Goldenberg is likely to contravene credit legislation.”
ASIC said Mr Goldenberg’s ban has been recorded on its banned and disqualified persons register, and he has the right to appeal to the Administrative Appeals Tribunal for a review of its decision.
Adrian Flores
Adrian Flores is the deputy editor of SMSF Adviser. Before that, he was the features editor for ifa (Independent Financial Adviser), InvestorDaily, Risk Adviser, Fintech Business and Adviser Innovation.
You can email Adrian at [email protected].
