Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.7 - FINANCIAL SERVICES DISCLOSURE  

Division 1 - Preliminary  

SECTION 940C   HOW DOCUMENTS, INFORMATION AND STATEMENTS ARE TO BE GIVEN  

940C(1)  


For the purposes of this Part (unless a contrary intention appears), a Financial Services Guide, a Supplementary Financial Services Guide or a Statement of Advice is given by a person (the providing entity ) to another person (the client ) if (and only if):


(a) it is:


(i) given to the client, or to the client ' s agent, personally; or

(ii) sent to the client, or the client ' s agent, at an address (including an electronic address) or fax number nominated by the client or the client ' s agent; or

(iii) otherwise made available to the client, or the client ' s agent, as agreed between the client, or the client ' s agent, and the providing entity; and


(b) it is in printed or electronic form.

940C(2)  
For the purposes of this Part (unless a contrary intention appears), information that subsection 941C(7) or 946B(6) requires to be given by a person (the providing entity ) to another person (the client ) is given by the providing entity to the client if (and only if):


(a) it is given to the client, or the client ' s agent, orally; or


(b) it is in printed or electronic form and is:


(i) given to the client, or the client ' s agent, personally; or

(ii) sent to the client, or the client ' s agent, at an address (including an electronic address) or fax number nominated by the client or the client ' s agent; or

(iii) otherwise made available to the client, or the client ' s agent, as agreed between the client or the client ' s agent and the providing entity; or


(c) it is given by some other method permitted by regulations made for the purposes of this paragraph.

940C(3)  


For the purposes of this Part (unless a contrary intention appears), information that subsection 941C(5) , paragraph 946AA(5)(b) or subsection 946B(3) or (8) requires to be given by a person (the providing entity ) to another person (the client ) is given by the providing entity to the client if (and only if) it is given to the client, or the client ' s agent, in accordance with the applicable requirements of regulations made for the purposes of this subsection.

940C(4)  
For the purposes of this Part (unless a contrary intention appears), a statement that subsection 941D(2) or 946C(2) requires to be given by a person (the providing entity ) to another person (the client ) is given by the providing entity to the client if (and only if) it is given orally to the client or the client ' s agent.

940C(5)  
For the purposes of this section, a document, information or statement to which this section applies is sent to a person at an address if, and only if:


(a) the document, information or statement is sent to the address; and


(b) either:


(i) the envelope or other container in which it is sent; or

(ii) the message that accompanies it;
is addressed to the person.

940C(6)  
A document, information or statement to which this section applies may be given or sent to a person ' s agent only if the agent is not acting as the person ' s agent in one of the following capacities:


(a) a financial services licensee;


(b) an authorised representative of a financial services licensee;


(c) (Repealed)


(d) a person who is not required to hold an Australian financial services licence because the person is covered by:


(i) paragraph 911A(2) (j); or

(ii) an exemption in regulations made for the purposes of paragraph 911A(2) (k); or

(iii) an exemption specified by ASIC for the purposes of paragraph 911A(2) (l);


(e) a person who is required to hold an Australian financial services licence but who does not hold such a licence;


(f) an employee, director or other representative of a person referred to in paragraph (a), (b), (c), (d) or (e).

940C(7)  
The regulations may specify requirements as to:


(a) the manner in which a document, information or statement may be given to a person; and


(b) the presentation, structure and format for a document, information or statement that is to be given in electronic form.

The giving of the document, information or statement is not effective unless those requirements are satisfied.


 

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