Corporations Amendment (Streamlining Advice Process) Bill 2024

High-Level Summary

Amends the Corporations Act 2001 to: introduce additional requirements in relation to the provision of personal advice to a retail client by a financial advisor; and make consequential amendments.


Summary
The bill proposes amendments to Division 3 of Part 7.3 of the Corporations Act. The new Division requires financial advisers to provide a Letter of Engagement and a streamlined Record of Advice (ROA) for any personal advice rendered to retail clients. The Letter of Engagement will outline the scope of advice agreed upon, ensuring mutual understanding between the adviser and client. The bill eliminates the need for a Statement of Advice (SOA), which has been deemed burdensome and rarely read by clients. The streamlined ROA is intended to be less complex and more digestible for clients, ultimately reducing the administrative workload and costs associated with providing financial advice. Current fee disclosure requirements remain unchanged. From the explanatory memo:
This Bill aims to streamline the engagement process between a financial adviser and their client and is informed by the 2022 Quality of Advice Review, specifically ‘Recommendation 9 – Statement of Advice’ and the ‘Good Advice Duty’.

Argument For
Normative Bases
  1. Pro-Transparency
  2. Utilitarian Ground Truth

The bill should be supported because it enhances transparency between financial advisers and clients by requiring a clear Letter of Engagement. This fosters trust and ensures both parties are aligned on the scope of advice. The simplified Record of Advice (ROA) reduces complexity and administrative burden, potentially lowering costs for consumers and making financial advice more accessible [Judgment]. By building on the 'Good Advice Duty', the bill ensures advice is directly relevant to a client's personal circumstances, promoting well-being through tailored financial guidance.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection

The bill should be opposed because while it aims to simplify the advice process, it might inadvertently lower the comprehensiveness of financial documentation. The removal of the Statement of Advice (SOA) could lead to less detailed records, potentially reducing the quality of advice or oversight [Judgment]. Additionally, the standardization might not adequately account for the diverse needs of clients, potentially leading to advice that is too generic.


Date:

2024-11-04

Status:

Not Proceeding

Sponsor:

VAN MANEN, Bert, MP

Portfolio:

Unspecified

Categories:

Consumer Protection, Financial Regulation

Timeline:
04/11/2024
28/03/2025

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