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CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS    View history reference

PART 7.7 - FINANCIAL SERVICES DISCLOSURE    View history reference

Division 1 - Preliminary    View history reference

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

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940C(1)  

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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)  

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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)
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(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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