Australia's financial regulator shut down MWL Financial Services and banned its managing director for a decade following what officials described as serious failures in how the firm handled client investments worth $155 million.

ASIC Cancels License of Firm in $480M Fund Case

The Australian Securities and Investments Commission (ASIC) cancelled MWL's license and imposed a 10-year ban on Nicholas Maikousis, the firm's managing director, over conduct related to the Shield Master Fund.

ASIC's investigation found MWL operated what it called a "low cost advice project" from 2021, working with telemarketers to funnel client superannuation money into Shield. More than 750 clients invested collectively in the fund between September 2021 and February 2024.

The regulator discovered MWL provided template advice documents to its advisers that contained misleading information about Shield's past performance. The firm also failed to properly assess the fund before adding it to its approved investment list.

"Clients who seek advice from financial advisers should be able to trust that the advice they receive will be in their best interest," said Deputy Chairwoman Sarah Court. "Failing to manage conflicts has the potential to cause consumers to be given financial product advice that may not suit their needs."

Hidden Incentives and Conflicts

ASIC found MWL had undisclosed bonus arrangements with financial advisers who recommended Shield to clients. The firm also failed to tell clients about its relationships with lead generators in some advice documents and financial services guides.

The regulator determined Maikousis was not just responsible for establishing the advice project but was "the driving force behind it." He served on the investment committee that approved Shield and "did not have an adequate appreciation for a financial services business' fundamental obligations to its clients," according to ASIC.

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Compliance Manager Also Banned

Yesterday (Wednesday), ASIC also banned Robert John Tohill, MWL's compliance manager and responsible manager, for five years. Tohill was involved in approving template advice documents containing false information about Shield's performance and failed in his oversight duties.

The enforcement actions are part of ASIC's broader investigation into Shield, which has attracted more than $480 million from at least 5,800 consumers since February 2022. Most investors accessed the fund through superannuation platforms managed by Macquarie Investment Management and Equity Trustees Superannuation.

Wider Investigation Continues

ASIC previously banned four other MWL financial advisers connected to Shield advice and halted new investments in the fund in February 2024. The regulator secured a court order in June 2024 to freeze Shield's assets while investigations continue.

The agency is examining multiple parties connected to Shield, including Keystone Asset Management (the fund's responsible entity, now in liquidation), superannuation trustees, other financial advisers, and lead generators who referred clients.

In August, ASIC launched civil proceedings against Equity Trustees, alleging the superannuation trustee failed in its due diligence responsibilities regarding Shield.

Client Protection Measures

MWL must remain a member of the Australian Financial Complaints Authority until August 25, 2026, giving affected clients time to lodge complaints. The firm must also maintain professional indemnity insurance during this period.

Both MWL and Maikousis can appeal ASIC's decisions to the Administrative Review Tribunal. The bans will appear on ASIC's public registers.

ASIC advises anyone who received advice from MWL and has concerns to contact the Australian Financial Complaints Authority by calling or filing a complaint online. The service is free for consumers.