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CORPORATIONS ACT 2001 - SECT 964D

Financial services licensees must not charge asset-based fees on borrowed amounts

             (1)  The financial services licensee must not charge an asset-based fee on a borrowed amount used or to be used to acquire financial products by or on behalf of the client.

Note:          This subsection is a civil penalty provision (see section 1317E).

             (2)  A financial services licensee contravenes this section if:

                     (a)  a representative, other than an authorised representative, of the licensee charges an asset-based fee on a borrowed amount used or to be used to acquire financial products by or on behalf of the client; and

                     (b)  the licensee is the, or a, responsible licensee in relation to the contravention.

Note:          This subsection is a civil penalty provision (see section 1317E).

Exceptions

             (3)  Subsections (1) and (2) do not apply in relation to a borrowed amount if it is not reasonably apparent that the amount has been borrowed.

             (4)  The regulations may provide that subsections (1) and (2) do not apply in prescribed circumstances.

Duty to make reasonable inquiries

             (5)  Nothing in this section affects the duty of the financial services licensee, or the representative of the financial services licensee, under section 961B to make reasonable inquiries to obtain complete and accurate information.



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