Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.7A - BEST INTERESTS OBLIGATIONS AND REMUNERATION  

Note: Regulations 7.7A.01 to 7.7A.04 are reserved for future use.

Division 4 - Conflicted remuneration  

Subdivision 2 - Monetary benefits that are not conflicted remuneration  

REGULATION 7.7A.12EA  

7.7A.12EA   APPLICATION OF BAN ON CONFLICTED REMUNERATION - PURCHASE OR SALE OF FINANCIAL ADVICE BUSINESS  


A monetary benefit is not conflicted remuneration to the extent that:


(a) the benefit is given to a financial services licensee or a representative of the licensee; and


(b) the benefit is paid as part of:


(i) the purchase or sale of all or part of the licensee ' s financial advice business; or

(ii) the purchase or sale of all or part of the representative ' s financial advice business; and


(c) the price is calculated using a formula:


(i) which is based, in whole or in part, on the number or value of all or part of the financial products held by the licensee ' s clients or the representative ' s clients; and

(ii) in which the weighting attributed to the financial products issued by the licensee or a related body corporate or other person is the same as the weighting attributed to other similar financial products.

 

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