Check the period for returning a financial product
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where a client seeks to return a financial product, record the day the product was issued or sold, the day any confirmation was received or became available through a facility, and the day and form of the return notice. Calculate 14 days starting on the earlier of the confirmation time and the end of the fifth business day after the day of issue or sale, as dates only. Record whether the client has already exercised a right or power under the product terms, or whether those rights have already ended. Do not decide that the right to return exists or that money must be repaid.
- What the lawyer must review
- The lawyer decides whether section 1019B of the Corporations Act 2001 (Cth) gives a right to return the product. Subsection (1) says that, subject to the section, the client has the right to return the financial product to the responsible person and to have the money paid to acquire it repaid, even if the responsible person is being wound up. The opened section does not list the products to which it applies. The lawyer confirms that it applies to this product. Subsection (2) says the right is exercised by notifying the responsible person in writing, electronically, or in any other way specified in the regulations, and that any other requirements the regulations impose must be complied with. Those regulations were not opened. Subsection (3) says the right can only be exercised during 14 days starting on the earlier of the time the confirmation requirement is complied with, if applicable, and the end of the fifth business day after the day the product was issued or sold. Subsection (4) says the confirmation requirement is complied with when the client receives confirmation, as mentioned in paragraph 1017F(5)(a), or confirmation is available by a facility as mentioned in paragraph 1017F(5)(b). Subsection (5) says the right cannot be exercised after the client has exercised a right or power under the terms of the product, or after the time at which those rights or powers end. The note gives two insurance examples: a claim under a contract of insurance, and the end of a one-week contract of insurance. Subsection (5A) allows regulations to specify other circumstances in which the right cannot be exercised. Subsections (7) and (8) allow regulations about further consequences and about increasing or reducing the amount repaid. Those regulations were not opened. Subsection (6) says that on exercise of the right, a legal relationship between the client and the issuer that constitutes the product, and any contract for the acquisition, are terminated from that time without penalty to the client. The lawyer decides whether the right was exercised in time and what must be repaid.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Where a client seeks to return a financial product, record the day the product was issued or sold, the day any confirmation was received or became available through a facility, and the day and form of the return notice. Calculate 14 days starting on the earlier of the confirmation time and the end of the fifth business day after the day of issue or sale, as dates only. Record whether the client has already exercised a right or power under the product terms, or whether those rights have already ended. Do not decide that the right to return exists or that money must be repaid. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not assume every financial product can be returned. The lawyer confirms that section 1019B applies to this product.
- The 14 days start on the earlier of confirmation and the end of the fifth business day after the day of issue or sale. Record both dates.
- A claim already made under a contract of insurance is the example in the note to subsection (5). Record it. The lawyer decides whether the right has ended.
- Do not calculate a reduced repayment. Subsections (7) and (8) leave that to regulations, which were not opened.
Sources
- Corporations Act 2001 (Cth) section 1019B · 2026-10-22
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.