Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.7A.11AA

Compliance records required to be kept by fee recipients

             (1)  This regulation is made for the purposes of section 962X of the Act.

             (2)  A fee recipient must keep the following records in relation to an ongoing fee arrangement the fee recipient has with the client:

                     (a)  each fee disclosure statement the fee recipient has given to the client;

                     (b)  the date on which each such fee disclosure statement was given to the client, and the manner in which it was given;

                     (c)  if the client gives any of the following notifications to the fee recipient--the notification and the date on which the notification was given:

                              (i)  a notification of an election to renew the ongoing fee arrangement;

                             (ii)  a notification of an election not to renew the ongoing fee arrangement;

                            (iii)  a notification terminating the ongoing fee arrangement;

                     (d)  if the ongoing fee arrangement has terminated--the date on which the arrangement terminated and the basis on which the arrangement terminated.

             (3)  A fee recipient must also keep the following records in relation to an ongoing fee arrangement:

                     (a)  each consent for deductions relating to the ongoing fee arrangement given to the fee recipient for the purposes of section 962R or 962S of the Act;

                     (b)  the date on which each such consent was given;

                     (c)  each notice given to the fee recipient under subsection 962U(1) of the Act withdrawing or varying such consent;

                     (d)  the date on which each such notice was given;

                     (e)  each confirmation of receipt of such notice given by the fee recipient under subsection 962U(2) of the Act;

                      (f)  each of the following communications in relation to the consent referred to in paragraph (a), and the date on which the communication occurred:

                              (i)  giving a copy of the consent as required under paragraph 962S(3)(c) of the Act;

                             (ii)  giving a copy of a notice withdrawing or varying the consent as required under paragraph 962U(2)(b) of the Act;

                            (iii)  giving written notice of the cessation of the consent under subsection 962V(2) of the Act;

                     (g)  if the fee recipient arranges with another person (the account provider ) for deductions relating to the ongoing fee arrangement to be made, as referred to in paragraph 962S(1)(d) of the Act--the details of the arrangement with the account provider.



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