---
title: "Record the ongoing-fee reference day and whether written consent is on the file"
url: "https://ailawframework.com/practice/financial-services-regulation/record-the-ongoing-fee-reference-day-and-whether-written-consent-is-on-t"
type: "task"
site: "AI Law Framework"
id: "A28-MA20261022-1"
practice_area: "Financial Services Regulation (AFSL/ASIC/credit)"
tier: "green"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record the ongoing-fee reference day and whether written consent is on the file

> From the engagement and consent documents the lawyer has identified, copy into a fixed register the date the arrangement was entered into, any reference day stated in the consent, the date of the signed written…

Canonical page: https://ailawframework.com/practice/financial-services-regulation/record-the-ongoing-fee-reference-day-and-whether-written-consent-is-on-t  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Financial Services Regulation (AFSL/ASIC/credit)](https://ailawframework.com/practice/financial-services-regulation.md) |
| Human involvement | Green: AI drafts, lawyer checks |
| How AI is used | From the engagement and consent documents the lawyer has identified, copy into a fixed register the date the arrangement was entered into, any reference day stated in the consent, the date of the signed written consent, and whether the consent is signed and dated. Calculate the window as 60 days before that reference day, or before the anniversary if no reference day is stated, through to 150 days after that day. Do not decide that fees may be deducted. |
| What the lawyer must review | The lawyer decides whether fees may be charged or deducted. Information Sheet 286 describes an ongoing fee arrangement as one where a fee recipient gives personal advice to a retail client under an arrangement that the client pay a fee during a period of more than 12 months (section 962A). A fixed term of 12 months or less is not automatically outside that test. The written consent to enter or renew must be signed by the client and dated, and the fee recipient must keep it or a copy (section 962G). The renewal window runs from 60 days before the reference day to 150 days after it. A reference day must be earlier than the anniversary and must be disclosed before consent. If none is agreed, the anniversary of entry, or of the reference day last specified in a consent, is used. Written consent ceases to have effect 150 days after that day unless it is renewed. Section 962S provides that the fee recipient must not arrange a deduction of ongoing fees without consent, or accept such a deduction. The lawyer confirms the current sections before a deduction. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: From the engagement and consent documents the lawyer has identified, copy into a fixed register the date the arrangement was entered into, any reference day stated in the consent, the date of the signed written consent, and whether the consent is signed and dated. Calculate the window as 60 days before that reference day, or before the anniversary if no reference day is stated, through to 150 days after that day. Do not decide that fees may be deducted.
- What the lawyer does: The lawyer decides whether fees may be charged or deducted. Information Sheet 286 describes an ongoing fee arrangement as one where a fee recipient gives personal advice to a retail client under an arrangement that the client pay a fee during a period of more than 12 months (section 962A). A fixed term of 12 months or less is not automatically outside that test. The written consent to enter or renew must be signed by the client and dated, and the fee recipient must keep it or a copy (section 962G). The renewal window runs from 60 days before the reference day to 150 days after it. A reference day must be earlier than the anniversary and must be disclosed before consent. If none is agreed, the anniversary of entry, or of the reference day last specified in a consent, is used. Written consent ceases to have effect 150 days after that day unless it is renewed. Section 962S provides that the fee recipient must not arrange a deduction of ongoing fees without consent, or accept such a deduction. The lawyer confirms the current sections before a deduction.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Take the reference day from the consent. If the consent states none, use the anniversary of entry, as Information Sheet 286 describes.
2. The window in the template is 60 days before that day to 150 days after it. Confirm those periods against the current section 962H and section 962F before relying on the template.
3. A consent that is not signed and dated is recorded as missing. Section 962G, as described in the information sheet, requires both.
4. The register does not authorise a deduction. Section 962S is applied by the lawyer.

## Notes

- 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.

## Sources

- [ASIC Information Sheet 286: FAQs on ongoing fee arrangements and consents](https://www.asic.gov.au/regulatory-resources/financial-services/giving-financial-product-advice/fees/faqs-ongoing-fee-arrangements-and-consents) (checked 2026-10-22)
- [Corporations Act 2001 (Cth) section 962S](https://www5.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s962s.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/financial-services-regulation/record-the-ongoing-fee-reference-day-and-whether-written-consent-is-on-t/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*