Check when the Financial Services Guide was given
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the file, record the date it became apparent that the financial service would be, or was likely to be, provided, the date the financial service was provided, and the date the Financial Services Guide was given. If the client expressly instructed that the service was required immediately or by a specified time, record that instruction and its time, whether a statement was given before the service, and the date the Financial Services Guide was then given. Do not draft the guide. Do not decide that the timing complied.
- What the lawyer must review
- The lawyer decides whether section 941D of the Corporations Act 2001 (Cth) was met. Subsection (1) says that, subject to the section, the Financial Services Guide must be given as soon as practicable after it becomes apparent to the providing entity that the financial service will be, or is likely to be, provided, and must in any event be given before the financial service is provided. Subsection (2) applies where the client expressly instructs that they require the service immediately or by a specified time, and it is not reasonably practicable to give the guide before the service is provided as so instructed. The providing entity must then give a statement that complies with subsection (3) before the service is provided. Subsection (3) requires that statement to contain the information that would be required in the guide by paragraphs 942B(2)(e), (f), (fa) and (i), or paragraphs 942C(2)(f), (g), (ga) and (j), as the case requires, and such other information as would be required to be in the guide as is particularly relevant to the service to be provided. Those paragraphs were not opened. The lawyer reads them before treating a statement as sufficient. Subsection (4) requires the guide to be given within 5 days after the statement, or sooner if practicable. This is a timing check. It does not draft or review the content of the guide.
- 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 | From the file, record the date it became apparent that the financial service would be, or was likely to be, provided, the date the financial service was provided, and the date the Financial Services Guide was given. If the client expressly instructed that the service was required immediately or by a specified time, record that instruction and its time, whether a statement was given before the service, and the date the Financial Services Guide was then given. Do not draft the guide. Do not decide that the timing complied. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Compare the date the guide was given with the date the service was provided. A guide given afterwards fails subsection (1) unless the time-critical path is being considered.
- Use the time-critical path only where the file records an express instruction for an immediate or timed service, and a statement given before the service.
- Do not describe what paragraphs 942B(2)(e), (f), (fa) and (i), or 942C(2)(f), (g), (ga) and (j), require. The lawyer reads them.
- If a statement was used, record whether the guide followed within 5 days, or sooner.
Sources
- Corporations Act 2001 (Cth) section 941D · 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.