Advice Governance

What does a compliant client file look like in practice?

ASIC expects AFS licensees to maintain client files that clearly evidence the advice process, including client objectives, relevant circumstances, the...

What is an advice file review?

An advice file review assesses whether the client advice complies with regulatory obligations, including the best interest duty, and whether...

How can a firm fix a non-compliant advice process?

Addressing a non-compliant advice process generally involves identifying the root cause and reviewing the advice procedures. Corrective actions may include...

What are the differences between personal advice and general advice obligations under the Corporations Act?

Under s766B(3) of the Corporations Act, personal advice is given where the adviser has considered one or more of the...

How should “informed consent” for commission payments be documented?

Informed consent for commission payments must be documented in a way that clearly evidences what was disclosed, when consent was...

Can a Client Provide Verbal Consent for Commission Payments?

Yes. A retail client can provide verbal informed consent for insurance commission payments, provided the AFS licensee or representative creates...

What needs to be disclosed to obtain “informed consent” about insurance benefits?

As an Australian Financial Services (AFS) licensee or representative, it is essential to ensure compliance with the informed consent requirements...

Does the “informed consent” requirement apply to General Advice?

The informed consent does not apply to general advice. In fact, there are various circumstances where AFS licensees and representatives...

What is the “Informed Consent” requirement for Insurance?

The informed consent requirement means an AFS licensee or representative must obtain a retail client’s informed consent before receiving certain...

When do ASIC require a “Foundation SoA” to be issued?

ASIC does not formally define or require a “Foundation Statement of Advice.” However, an AFS licensee must issue an SOA...

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