Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 7.7 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: Class Order 14/1262: Relief for 31 Day Notice Term Deposits; the ASIC Corporations (Disclosure of Lack of Independence) Instrument 2021/125 (as amended by ASIC Corporations (Amendment) Instrument 2024/554); the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669 (as amended by ASIC Corporations (Amendment) Instrument 2024/554); and the ASIC Corporations (Financial Services Guides) Instrument 2015/541 (as amended by the ASIC Corporations (Amendment) Instrument 2024/809).
For other legislative instruments or class orders that affect the application of Pt 7.7, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH note - modifying legislative instruments: The application of Division 2 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Superannuation Calculators and Retirement Estimates) Instrument 2022/603; and the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
For modifying legislative instruments or class orders before 1 January 2022 that affect the application of Division 2, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH note - modifying legislative instruments: The application of Subdivision A is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
For modifying legislative instruments or class orders before 1 January 2022 that affect the application of Subdivision A, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH note: This provision is modified by legislative instruments. See the CCH note at the end of the provision for details.
General rule
941D(1)
Subject to this section, the Financial Services Guide must be given to the client as soon as practicable after it becomes apparent to the providing entity that the financial service will be, or is likely to be, provided to the client, and must in any event be given to the client before the financial service is provided.
Time critical cases
941D(2)
If: (a) the client expressly instructs that they require the financial service to be provided immediately, or by a specified time; and (b) it is not reasonably practicable to give the Financial Services Guide to the client before the service is provided as so instructed;
the providing entity must instead give the client a statement that complies with subsection (3) before the service is provided.
941D(3)
The statement must contain: (a) the information that would be required to be in the Financial Services Guide by paragraphs 942B(2)(e) , (f) , (fa) and (i) , or paragraphs 942C(2)(f) , (g) , (ga) and (j) , as the case requires; and (b) such other information as would be required to be in the Financial Services Guide as is particularly relevant to the financial service to be provided.
941D(4)
The client must then be given the Financial Services Guide within 5 days after being given the statement, or sooner if practicable.
CCH note - modifying legislative instruments: Section 941D is modified by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
For modifying legislative instruments or class orders before 1 January 2022, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.