InvestLaw W10 + W11 (Week 10: Conduct and DisclosureIn the Investment…
InvestLaw W10 + W11
Week 10: Conduct and DisclosureIn the Investment Advisory Process
: (apply to retail clients getting personal advice- cheatsheet)
the financial service provider must act in the best interests of the client in relation to the advice. To prove this:
subsection (2) (case cheatsheet)
s951A, provider CANNOT “contract out” – put exclusion clause,
disclaimer the s945A obligations by a disclaimer. (cheatsheet)
Conflict of interest
< s961J> a financial service provider must prioritize the interests of the client when there is a conflict of interest.
Disclosure through documentation: (case cheatsheet)
Statement of Advice
where the advice is provided to a client who is not a retail client <RG 175>.
where the advice relates to a general insurance product (except for advice about sickness and accident or consumer credit insurance)
where the advice relates to financial investments whose value does not exceed $15,000 <s946AA>