Document ID: chunk:federal_register_of_legislation:C2025C00185:section:941c:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 941C (pt 1/3)
Character Range: 3883395–3886126

941C  Situations in which a Financial Services Guide is not required

Client has already received the information
 (1) The providing entity does not have to give the client a Financial Services Guide (the new FSG) if the client has already received a Financial Services Guide that contains all of the information that the new FSG is required to contain.

Providing entity is product issuer dealing in own products
 (2) The providing entity does not have to give the client a Financial Services Guide if:
 (a) the providing entity is an issuer of financial products; and
 (b) the financial service is a dealing in financial products, other than derivatives able to be traded on a licensed market, issued by the providing entity, and does not also relate to financial products issued by someone else.
Note: The issuer will however have to comply with the Product Disclosure Statement requirements (see Division 2 of Part 7.9).

Dealing in financial products in ordinary course of operation of superannuation entity
 (2A) The providing entity does not have to give the client a Financial Services Guide if:
 (a) the providing entity is the trustee of a superannuation entity; and
 (b) the client is a member (within the meaning of the Superannuation Industry (Supervision) Act 1993) of the superannuation entity; and
 (c) the financial service is a dealing by the trustee in financial products in the ordinary course of operation of the superannuation entity.

Dealing in financial products in ordinary course of operation of registered scheme
 (2B) The providing entity does not have to give the client a Financial Services Guide if:
 (a) the providing entity is the responsible entity of a registered scheme; and
 (b) the client is a member the scheme; and
 (c) the financial service is a dealing by the responsible entity in financial products in the ordinary course of operation of the scheme.

Dealing in financial products in ordinary course of operating the business and conducting the affairs of a CCIV
 (2C) The providing entity does not have to give the client a Financial Services Guide if:
 (a) the providing entity is the corporate director of a CCIV; and
 (b) the client is a member of the CCIV; and
 (c) the financial service is a dealing by the corporate director in financial products in the ordinary course of operating the business and conducting the affairs of the CCIV.

Providing entity is merely operating a registered scheme
 (3) The providing entity does not have to give the client a Financial Services Guide if:
 (a) the providing entity is the responsible entity of a registered scheme; and
 (b) the financial service consists only of the operation of that scheme by the providing entity.

Providing entity