Authorised Financial Adviser Disclosure Statement - Secondary Disclosure From 1 July 2011 Authorised Financial Advisers must provide clients with a Disclosure Statement under the Financial Advisers Act 2008. The Disclosure Statement sets out the mandatory information which must be provided to clients by law when they are providing a personalised service to a retail client. The Financial Advisers (Disclosure) Regulations 2010 set out the form in which disclosure must be made. Instructions 1 From 1 July 2011 authorised financial advisers who provide a personalised service to a retail client must provide the client with both primary and secondary disclosure information. 2 Such information is required to be provided before the adviser provides the financial adviser service to the client, unless it is impractical to do so (in which case the information must be provided as soon as practicable after providing the service). Financial advisers can provide disclosure verbally when providing personalised services in respect of category 2 financial products by telephone subject to provision of certain information orally prior to giving advice. 3 Disclosure is made via two processes, primary and secondary disclosure. Please refer to the Primary Disclosure Statement Template for information as to the primary disclosure required by authorised financial advisers 4 Secondary disclosure information, which is contained in your Secondary Disclosure Statement, contains specific information about the type of financial services to be provided, any limitation on those services, the fees payable by the client, any material conflicts of interest, remuneration and any matters required to be disclosed in accordance with the adviser's terms and conditions. Disclosure may be made in one or more disclosure statements. The form of secondary disclosure information is set out in the Secondary Disclosure Statement Template attached. 5 When completing the Secondary Disclosure Statement Template, you need to complete the text in the left hand column, based on the instructions in red text in the right hand column. Where there is information in blue text, you need to select one of the options. While no form is specified for secondary disclosure statements, the statements marked with a * below are required under the Financial Advisers (Disclosure) Regulations 2010 and must be completed and not be deleted (except as provided for in the completion notes). You are free to add additional information to your secondary disclosure statement (you are not allowed to do so in your primary disclosure statement). The further statements marked with a # have been included in the Template to assist you in meeting your disclosure obligations, including those under the Code of Professional Conduct for Authorised Financial Advisers. Page 1 of 11 6 Your Secondary Disclosure Statement must be typed (not handwritten) and printed in a font and font size that are easily readable by most people. It must set out the prescribed information clearly, concisely and in a manner to bring the information to the attention of the client. It must be identified prominently with a clear heading that includes the term 'Disclosure Statement'. 7 Once you have completed your disclosure statement you need to completely delete these instructions, the completion notes in the right hand column, any unnecessary remaining blue text in the left hand column and the headings on the table. Turn the page to portrait (Page layout Orientation Portrait) and delete the table boxes. 8 Any Disclosure Statement provided to a client must be 'current'. It is also a requirement of the Code of Professional Conduct for Authorised Financial Advisers that the information set out in a Disclosure Statement must be updated if there is any change in your circumstances that is material to the financial adviser services you provide to your clients. 9 Your disclosure must not be misleading, deceptive or confusing at the time the disclosure is made. 10 An Authorised Financial Adviser must, whether by a single Secondary Disclosure Statement or by two or more such statements, disclose to the client all the secondary disclosure information that applies to the adviser. 11 The Secondary Disclosure Statement must be provided to the client, delivered or sent to the client at the client's last known address or an address (including an electronic address) specified by the client for that purpose. 12 As an Authorised Financial Adviser you must comply with any terms and conditions imposed by the Financial Markets Authority under the Financial Advisers Act 2008. This Secondary Disclosure Statement Template is designed to assist you in meeting your regulatory disclosure obligations. Completing this disclosure statement template will not guarantee, and Strictly Business Ltd does not guarantee, that you will meet your regulatory disclosure obligations. Meeting your regulatory disclosure obligations, including compliance with the disclosure requirements of the Code of Professional Conduct for Authorised Financial Advisers, will require the additional application of personal effort, attention, integrity and skill from you. You need to ensure you understand and comply with all of your adviser disclosure obligations under the Financial Advisers Act 2008. Page 2 of 11 Secondary Disclosure Statement (Authorised Financial Adviser) Statement text Completion notes Complete and include everything in blue in this column Delete this column once statement has been completed * Name and registration number of Authorised Financial Adviser: Insert the registration number issued to you by the Registrar of Financial Service Providers at the time you were registered. * Address: Insert your business address. * Trading name: Insert your trading name if you have one. Otherwise delete this line completely. * Telephone number: Insert your primary business telephone number. * Fax number: Insert your primary business fax number. * Email address: Insert your primary business email address. * This disclosure statement was prepared on: Insert the date on which you prepared this disclosure statement. # My experience and qualifications Note: Although this information is not required under the Financial Adviser Page 3 of 11 (Disclosure) Regulations 2010, in order to comply with the Code of Professional Conduct for Authorised Financial Advisers you need to provide information about your qualifications to provide the services you provide. # I have been a financial adviser since [year] and give advice on [subject areas]. Insert a brief description of your experience as an financial adviser, and name the subject areas in which you specialise and/or the types of products you give advice on. If you are employed by a company, you may wish to insert a small amount of background information about the company by whom you are employed. # My relevant qualifications include: List any qualifications you hold that are relevant to the giving of financial advice and when those qualifications were obtained (e.g. National Certificate in Financial Services (Financial Advice) (Level 5). If you are studying currently, list what the study is for and when it will be completed. # I keep my qualifications up-to-date through continuing education (consisting of seminars, technical briefings, product Page 4 of 11 Explain how you keep your accreditation and conference workshops) for a minimum of twenty hours per year and sixty hours of continuing professional development every two years. This includes keeping up-to-date with changes to the Code of Professional Conduct for Authorised Financial Advisers and relevant consumers laws such as the Fair Trading Act. qualifications listed above up-todate. # How I Operate When I give advice I follow the internationally recognised six-step process: 1. Establishing the client-adviser relationship, 2. Gathering client data and determining your goals and expectations, 3. Analysing and evaluating the client's [financial position, cash and debt management, personal and business insurance, retirement planning, estate and tax, and/or investment needs] 4. Developing and presenting our written advice, 5. Overseeing the implementation of the plan, and 6. Monitoring and reviewing the plan. Modify step 3 so it covers the areas of advice that you provide. This can require a series of meetings with a prospective client before our advice is finalised. It also means I maintain a close ongoing relationship with clients, regularly reviewing progress and working with them over time to ensure their goals can be met. The services I provide will depend on your needs. They may include any or all of those detailed in this Disclosure Statement. My advice will take account of your personal objectives, financial situation and needs. It will be clear and concise, with enough detail for you to make an informed decision about whether to act on it. # Professional Bodies I am a member of the Institute of Financial Advisers and, as a condition of my membership I adhere to the IFA Code of Ethics and IFA Practice Standards in all facets of my practice. I am also a member of: Insert any other associations you are a member of if applicable. # Professional Indemnity Insurance Include if applicable. Page 5 of 11 I have professional indemnity insurance which covers all my areas of practice as listed above. This insurance provides protection for clients for: any error or omission; defamation; employee dishonesty; and includes full "prior acts" protection. The underwriter is: Insert insurer's name. As with all insurance, this cover has limitations and is subject to certain exclusions and terms and conditions. * Services and products I provide State which type or types of financial adviser services you provide - i.e. financial advice, investment planning services and/or discretionary investment management services. I provide the following types of financial adviser services: [Financial advice Discretionary investment management services Investment planning services] I provide advice in the following subject areas: Provide information on all the subject areas in which you provide advice. [Cash/Debt Management] [insert general information] [Estate Planning] [insert general information] [Risk Management] [insert general information] Page 6 of 11 [Retirement Planning] [insert general information] [Taxation] [insert general information] [Investment Advice] [insert general information] The financial adviser services I provide are in relation to the following financial products: Cash/Debt Management Management and mortgage broking Taxation planning Personal risk (insurance) management Fire and general insurance Retirement planning Investment planning Comprehensive financial planning Specialist building insurance planning Add to or delete from this list as appropriate. You need to detail the financial products in relation to which the financial adviser services are provided. I also provide an investment planning service to clients if required.] I only give advice in the particular subject areas set out above. I only provide financial adviser services in respect of financial products provided by: If you provide financial adviser services only in respect of financial products of a particular product Page 7 of 11 provider or product providers, you need to provide a statement to this effect and the name of each of the product providers concerned. Otherwise delete this reference. * Fees If you do not charge a fee for your financial adviser services delete this section and heading. I charge a fee for the financial adviser service I provide to you. The fee is: State what type of fee you will charge - fixed amount, hourly rate or other (describe the fee). The fees you will need to pay me for the services I provide are set out below: Set out the basis on which the fees will be charged. I estimate the fees you will need to pay me will amount to: Insert a reasonable fee estimate. If it becomes apparent that this fee estimate is likely to be exceeded I will provide you with a further fee estimate at this time. * You will need to pay this fee to me by [date]. State when the client must pay the fee by. Other interests and relationships In this section, you need to provide details of every financial and other interest, relationship, or association (other than those disclosed under the heading 'Services and products I provide' above) you have that a reasonable client would find reasonably likely to materially influence you in providing the financial adviser service. This information will be inserted as Page 8 of 11 instructed below. Note: In order to comply with the Code of Professional Conduct for Authorised Financial Advisers and the IFA Code of Ethics you need to transparently disclose and manage any benefits you or any related person will or may receive and any conflicts of interest you may have in relation to the services provided. You must take reasonable steps to ensure the client understands this communication. I do not have any preferential terms (other than those readily offered to other market participants) or production performance agreements with any particular product provider. I do not have any commercial relationships or contractual arrangements that present any particular conflicts of interest to consumers generally which would be reasonably likely to materially influence me in providing the financial adviser service. If you do not have any other interests and relationships to disclose, insert this statement and delete all the information below. Otherwise, delete this statement and complete the information below. I place business with each of: List the name of any primary financial organisation with whom you have a contractual relationship and the names of other financial organisations. [1] My contractual relationship with [name/s] requires me to place an agreed percentage of the business I generate with [name/s]. OR [2] I am not required to place any level of business with any supplier or financial organisation. Page 9 of 11 Complete either of statement [1] or [2]. You will need to select statement [1] if you are contractually required to place an agreed percentage of the business you generate with a particular organisation. If so, state the name of that person in the space provided. Otherwise delete statement [1] completely. I also have relationships with the following persons: State the names of any other organisations that you have relationships with, and describe the nature and extent of those relationships. The nature and extent of my relationship with each of these organisations is: I am associated with the following persons: State the names of any associated persons, and describe the nature and extent of your association. The nature and extent of my relationship with these persons is: I do not have any other financial or other relationship with any other person that would be reasonably likely to influence me in giving advice, except as described above. * Remuneration [I/my employer/my principal/another related person] will or may receive remuneration from the following sources: Name: Amount or rate: [See below for examples] Arrangements to manage any conflict of interest arising: Provide details of all remuneration you, your employer and/or your principal (or any other related person) has, will or may receive from a person other than the client if the adviser provides a financial adviser service. You do not need to disclose remuneration that a reasonable client would consider to be of such an insignificant nature that it would be unlikely to influence the adviser. Remuneration means any commission, fee or other benefit of advantage (whether pecuniary or non-pecuniary or direct or indirect) but does not include salary or wages of a fixed Page 10 of 11 amount. [Examples of the types of remuneration you may need to disclose and how these could be described are: * Introductory commission - a gross commission amount payable by [product provider] for successful placement of new business with them. This is generally a fixed percentage of [XX%] of the premium, loan or investment amount placed with [product provider]. Renewal (or Service or Trail) commission - a fixed percentage of [XX%] of the ongoing (or in-force) premium, loan or investment amount held with [product provider] for ongoing management of that business. Production Bonus Commission - a fixed percentage amount to gross commission over-rider of [XX%] of the volume of new business (or commission) generated through a [product provider]. Persistency Bonus - a fixed percentage gross commission over-rider of [XX%] determined by the overall business quality, or persistency, held with [product provider]. Non-cash additional rewards - I receive free or heavily discounted travel and/or corporate gifts from [product provider] if I recommend them as a product provider, depending the total volume of business done with [product provider]. I may also receive benefits in the form of entertainment (e.g. rugby and concert tickets, golf days, etc), subsidised professional development (e.g. below actual cost conference attendance, subsidised cost training courses, etc), or office supplies (e.g. notepads, pens, etc). from [product provider].] Other information about me and the services I provide For each type of remuneration you need to disclose, you also need to fill out the table on the left stating for each amount of remuneration: Name of the person from whom the remuneration has been, or will or may be, received; and Amount or rate (to the extent practicable) of the remuneration; and Details of any arrangements you have made to manage any conflict of interest arising from the receipt, or possible receipt, of the remuneration. If the Financial Markets Authority has placed certain terms and conditions on your authorisation when it was granted that requires you to disclosure certain information, or additional information, you must include this information here. Otherwise, delete this line completely. Page 11 of 11
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