CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.7 - FINANCIAL SERVICES DISCLOSURE  

Division 2 - Person provided with financial service as retail client to be given a Financial Services Guide  

Subdivision A - Requirement for a Financial Services Guide to be given  

SECTION 941D   TIMING OF GIVING FINANCIAL SERVICES GUIDE  

941D(1)   General rule.  

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.

941D(2)   Time critical cases.  

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)   [ Contents of statement]  

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.

941D(4)   [ Time period]  

The client must then be given the Financial Services Guide within 5 days after being given the statement, or sooner if practicable.


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