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Articles


When Is a Statement of Advice Required Under the Corporations Act?
Under the Corporations Act 2001, the obligation to provide a Statement of Advice is triggered when two conditions are both met: the advice must be personal advice, and the client must be a retail client. This article explains the legal trigger under s946A and what it means in practice for Australian financial advisers.

Eloise Somerford
Jun 213 min read


What Is the Difference Between an SoA and a Record of Advice?
An SoA and a Record of Advice are not interchangeable. Each has a distinct purpose, a distinct legal trigger, and distinct content requirements under the Corporations Act. This article explains the key differences and when each document is required.

Julia Vojkovic
Jun 213 min read


What Conditions Must Be Met to Use an ROA Instead of an SoA?
Section 946B of the Corporations Act sets out three conditions that must all be satisfied before a Record of Advice can be given instead of a full Statement of Advice. This article explains each condition, what they mean in practice, and what happens when any one of them is not met.

Team RegiReview
Jun 213 min read


What Is Personal Advice and When Does It Trigger the SoA Obligation?
The SoA obligation only arises where personal advice is given. Understanding when advice crosses from general to personal is one of the most consequential distinctions in financial services law. This article explains the s766B definition, the reasonable person test, and what it means in practice.

Eloise Somerford
Jun 213 min read


Who Is a Retail Client for SoA Purposes?
The SoA obligation applies only to personal advice given to retail clients. Understanding who qualifies as a retail client under s761G, and what the wholesale client and sophisticated investor exemptions actually require, is essential for every advice practice in Australia.

Julia Vojkovic
Jun 213 min read
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