Corporations Act 2001
CHAPTER 7
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FINANCIAL SERVICES AND MARKETS
This Subdivision only applies where:
(a) the client has not been provided with personal advice as a retail client before the application day by:
(b) the client enters into the ongoing fee arrangement on or after the application day. 962D(2)
In this section:
(a) where:
(b) in any other case - 1 July 2013.
PART 7.7A
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BEST INTERESTS OBLIGATIONS AND REMUNERATION
Division 3
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Charging ongoing fees to clients
Subdivision B
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Termination, disclosure and renewal
SECTION 962D
APPLICATION OF THIS SUBDIVISION
962D(1)
This Subdivision only applies where:
(a) the client has not been provided with personal advice as a retail client before the application day by:
(i) in a case where the client has entered into an ongoing fee arrangement with a financial services licensee - the financial services licensee or a person acting as a representative of the financial services licensee; or
(ii) in a case where the client has entered into an ongoing fee arrangement with a person acting as a representative of a financial services licensee - the representative or the financial services licensee; and
(b) the client enters into the ongoing fee arrangement on or after the application day. 962D(2)
In this section:
(a) where:
(i) the client enters into the ongoing fee arrangement with a financial services licensee, or a person acting as a representative of a financial services licensee; and
the day specified in the notice; or
(ii) the financial services licensee has lodged notice with ASIC in accordance with subsection 967(1) that the obligations and prohibitions under this Part are to apply to the licensee and persons acting as representatives of the licensee, on and from a day specified in the notice;
(b) in any other case - 1 July 2013.
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