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Disclosure in the Investment Advisory Sector

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Submitted By Alvinanicoleow
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Key disclosure documents- Financial Service Guide (FSG), Statement of Advice (SOA), Product Disclosure Statement (PDS)

Disclosure requirements are designed to promote informed decision making by both advisers and investors. In the context of financial services disclosure documents, the aim is to enable investors to compare and make informed choices relating to financial products.

Chapter 7 of the Corporations act 2001 institutes that a FSG must be given to a retail client who has been provided with a financial service while a SOA must be given to a retail client provided with personal advice and a PDS should be given to a retail client before he acquires the financial prouct.

An FSG is required to be given to a client in the provision of general or personal financial product advice. The purpose of a FSG is to enable clients to make an informed decision as to whether to obtain financial services from a particular provider. The level of detail required in the FSG is what would reasonably be required by a person to empower him to make an informed decision. It is imperative that the FSG is worded and presented in a clear, concise and effective manner and must not contain information or statements that are misleading or deceptive S942B(6A).

Whenever financial services are provided, financial service providers have an obligation to give retail client an FSG. Circumstances which does not warrant a FSG include – when a client is not a retail client, when there’s an absence of the provision of financial service, if the retail client already has an FSG in possession or when the financial service provided is general advice provided in a public forum.

An FSG must be provided as soon as it becomes apparent to the provider that a financial service will be or likely to be provided. It must be given before a financial service is provided and only in “time-critical” cases can the FSG be given after a financial service. The two instances are when the client expressly instructs that the financial service be provided immediately and the when it is not reasonably practicable to give the FSG to the cient before the service is provided as so instructed. In these circumstances, as espoused/stated in s941D(3) of the corporation act, information relating to remuneration and possible conflicts of interest must be supplied before the FSG is given. Client must also be given the FSG within five days after being given the statement.

An FSG must include information about remuneration (including commission) or other benefits that any of the following is to receive in respect of the provision of any of authorized services. It must also include information about any associations or relationships between the providing entity or any related body corporate and the issuers of any financial products, being associations or relationships that might reasonably be expected to be capable of influencing the providing entity in providing any of the authorized services. Information about the dispute resolution system that coveres complaints by persons to whom the providing entity provides financial services and about how that system may be accessed must be included in an FSG as well.

Statement of advice. According to ss 947B(3), the SOA should contain a level of detail as to what a person would reasonably require for the purpose of deciding whether to act on the advice as a retail client. It must be worded and presented in a clear, concise and effective manner as stated in ss 947B(6) and 947C.

All personal advice must comply with the “appropriate advice” and “best intersts of the client” obligation. Accordingly, the SOA must clearly and unambiguously set out the provider’s advice as well as the reasoning that led to that advice. An identification and evaluation of all conflicts of interests- actual, appareant and potential must also be stated. This is owing to the fact that they may have a materially adverse effect on the financial advice provided. This requirement is consistent with the fiduciary obligations that arise out of the adviser-investor obligation.

The provision of personal advice to a retail client must be accompanied by a SOA (s946A) The SOA may be a record of the advice given or the means by which the advice is given, as in the case of a financial plan.

THE OBLIGATION TO PREPARE AND PROVIDE A SOA APPLIES TO PERSONAL FINANCIAL PROUDCT ADVICE BUT NOT TO GENERAL ADVICE,

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