ASIC in Fed Court over NAB's fees for no service
The slow-moving "fees for no service" remediation and compensation process initiated by NAB was brought into sharp focus yesterday with ASIC's decision to launch Federal Court action.ASIC's decision to commence civil proceedings against two entities in NAB's wealth management division, NULIS Nominees (Australia) Limited and MLC Nominees Pty Ltd, comes in the wake of admissions made by their respective executives in the round of royal commission hearings into the superannuation sector, which ended last month.The corporate regulator, in announcing the start of legal action, said it is seeking from the Federal Court declarations that MLC and NULIS engaged in misleading or deceptive conduct, and that both failed to exercise due care and diligence, and failed to act in the best interests of the super fund members. ASIC is pushing for pecuniary civil penalties for all the failures on behalf of the MLC and NAB customers that have been caught out.ASIC's proceedings in the Federal Court primarily relate to the fees charged by both NAB entities, a month ago, in circumstances outlined by Michael Hodge, counsel assisting the commission - noting that the numbers of affected wealth customers has increased to over half a million superannuation fund members. Last month, Hodge had told the commission that between September 2012 and January 2017, NAB's wealth management subsidiaries incorrectly charged approximately $35 million in plan service fees to 220,000 members who did not have plan advisers linked to their accounts.Hodge also said that around 205,000 MLC MasterKey Personal Super members will be refunded the plan service fees they paid whilst in this product, as their plan advisers were not required to provide services and members did not receive services (or any services they could not otherwise obtain for free). Remediation amounting to a further $87 million in refunds and other compensation is to be paid by NAB.In its application to the Federal Court, filed yesterday, ASIC alleged that NAB's wealth management subsidiaries have breached a raft of regulations under the ASIC Act, the Corporations Act and the Superannuation Industry (Supervision) Act.ASIC said this civil penalty action is part of its "broad-ranging and significant investigations" into fee for no service failures in the financial services industry. Alongside these investigations ASIC is chasing remediation for impacted customers, estimated "to exceed $850 million". With the Royal Commission getting underway again, NAB may well opt to follow Westpac's lead and agree to pay a fine, although given that the number of customers affected is an order of magnitude larger than those affected in the Westpac's case, $35 million settlement for breaching its responsible lending obligations.