Corporations Act 2001
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)
(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) and (i), or paragraphs 942C(2) (f), (g) 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.
[ CCH Note: S 941D(3) will be amended by No 19 of 2021, s 3, Sch 2 [ 4], by substituting " paragraphs 942B(2)(e), (f), (fa) and (i), or paragraphs 942C(2)(f), (g), (ga) and (j), " for " paragraphs 942B(2)(e), (f) and (i), or paragraphs 942C(2)(f), (g) and (j), " in para (a) (effective 1 July 2021).]
The client must then be given the Financial Services Guide within 5 days after being given the statement, or sooner if practicable.