Test a sustainability-related financial product against the greenwashing questions

Key facts

Human involvement
YellowClose supervision
How AI is used
Working from the product disclosure statement, the label and the current advertising, answer each INFO 271 question with a quote from the document and the page it is on: true to label, vague terms, headline claims, how sustainability factors are used, screens and exceptions, influence over an index, metrics, and reasonable grounds for a target. Do not rewrite the disclosure.
What the lawyer must review
The lawyer decides whether a statement is misleading or deceptive, whether a future-matter representation has reasonable grounds, and what, if anything, is changed before the document is used.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceWorking from the product disclosure statement, the label and the current advertising, answer each INFO 271 question with a quote from the document and the page it is on: true to label, vague terms, headline claims, how sustainability factors are used, screens and exceptions, influence over an index, metrics, and reasonable grounds for a target. Do not rewrite the disclosure.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Use the questions on the INFO 271 page. Do not add a labelling code the page does not state.
  2. Check a net-zero or similar target against the future-matter provisions INFO 271 cites: Corporations Act s 769C and ASIC Act s 12BB, and the general prohibitions in Corporations Act ss 1041E, 1041G and 1041H and ASIC Act ss 12DA and 12DB.
  3. Confirm a headline exclusion is not absolute if the document allows a revenue threshold. INFO 271's tobacco example says a qualification may not cure that impression.
  4. The lawyer, not the table, decides whether the statement is misleading. INFO 271 says that depends on all the circumstances and the overall impression.

Sources

INFO 271 is addressed to responsible entities of managed funds, corporate directors of CCIVs, and trustees of registrable superannuation entities.

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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