Following the introduction of the Delivering Better Financial Outcomes and Other Measures Act 2024, effective 10 January 2025, we’re updating our advice fee consent forms to meet the new legislative requirements.
The following changes to our forms apply to all fee arrangements:
- To meet the new regulatory requirements, our forms will capture the cost of advice, in addition to the costs that will be deducted from a client’s account.
- We’ve added a section for you to input services for IDPS accounts which will help you meet your requirements if you wish to rely on one form for your clients only.
We’ll continue to allow for starting advice fees up to 60 days in advance.
In addition, we’ve made the following changes for ongoing fee arrangements, in line with the new legislative requirements:
- The ‘anniversary date’ for each ongoing fee arrangement will be replaced by a ‘reference date’. There will be additional flexibility to allow the setting of a reference date that is sooner than the default one year.
- The renewal period for ongoing fee arrangements has been updated so that they can only be renewed between 60 days before and 150 days after the reference date.
You’ll see these changes in our updated Digital Fee Form User Guide, which we’ll make available on 10 January 2025.
What is ‘cost of advice’?
New laws require you to disclose the amount to be paid for the advice and the amount to be charged against the account to your client.
Cost of advice is the cost to your client for the advice per the fee arrangement. This may be the same as the amount to be charged against your client’s account.
However, there are also cases where these amounts may differ. For example:
- You may choose to directly invoice your client so that only a portion of the advice fees under your arrangement is charged against the Wrap account.
- You may split fees under your arrangement across multiple Macquarie Wrap accounts.
If the amounts are the same there will be an option within the online form to use the same figure for both.
What do I need to know about the renewal period?
The renewal period for existing fee arrangements has changed to 60 days before the reference date and 150 days after.
If you or your client can’t renew your arrangement during this period, you can let the current arrangement expire and terminate, or you can start a new arrangement and specify a reference date during a period in which you and your client can renew the arrangement. If you start a new ongoing or fixed-term arrangement on an account, any prior ongoing or fixed term fee arrangements on that account will terminate.
If you need to change any material details in your fee arrangement, this will require you to start a new arrangement, which will terminate the existing arrangement.
What does the change from ‘anniversary date’ to ‘reference date’ mean?
The existing ‘anniversary date’ will be replaced by a ‘reference date’. The key difference is that the reference date is flexible and can be selected by you and your client provided it is a date that is earlier than the default date being either one year from the start date of the arrangement, or the reference date specified in the previous consent for the arrangement (where applicable).
This means you can change the next reference date to be any day within 365 days of the current ‘reference date’ (or start date). This will give you greater flexibility to change the next reference date to align with your client’s other existing fee arrangements or to a time of year that is more convenient.
What forms will be impacted?
Any form where an advice fee is instructed will be impacted. This includes:
- Wrap applications
- switch forms
- advice fee forms and
- advice fee grouping forms (Vision & PPS).
What to do with my advice fee arrangements around the implementation date?
To ensure a smooth transition, we recommend using the new consent forms when they become available on Friday 10 January (particularly if the anniversary or start date of the arrangement is on or after 10 January 2025).
If you’ve already started the consent process (either for new or existing fee arrangements), or your existing fee arrangement is due to expire soon, please refer to the table below to see how they will be treated.
We've updated our approach from our communication on 11 December 2024 removing the requirement for all forms to be completed with:
- Consent dated prior to 10 January 2025
- Form returned to us by 24 January 2025.
We've outlined the new requirements for all forms below:
Anniversary Date/Start Date | Date of client signature | Form acceptance |
---|---|---|
Prior to 10 Jan | Prior to 10 Jan | Yes |
Prior to 10 Jan | After 9 Jan | Yes |
After 9 Jan | Prior to 10 Jan | Yes |
After 9 Jan | After 9 Jan | No |
How will I be impacted if the anniversary date/start date for my ongoing fee arrangement is on or after 10 January 2025?
Forms will be accepted where the fee arrangements have a start or anniversary date on or after 10 January 2025 and clients have signed prior to 10 Jan 2025 where the following additional conditions may apply:
- For fixed-term arrangements in super/pension where the start date is on or after 10 January 2025, we’ll stop charging fees from 9 January 2026. This is because the transitional arrangements only apply for a maximum of 12 months from 10 January 2025. We’ll contact you to discuss next steps for you and your client as the end date will be changed to 9 January 2026.
What will happen to my one-off fee forms for clients?
For IDPS clients, there will be no impact.
For super / pension clients, if consent is received before 10 January 2025, your form won’t be affected. If consent isn’t received before 10 January 2025, the form will be returned and updated to the new form.
What will happen to my open application, switch or fee form where I haven’t submitted my client’s consent?
If the client is yet to receive the consent form for authorisation, the form will be automatically updated to the new form (maintaining details).
If the client consent has an anniversary date/start date from 10 January 2025 and has been generated via email or PSU, but isn’t received by us before 10 January 2025, we’ll convert your form (maintaining details) to the new form in Adviser Online. You’ll have to complete the new form before sending the client an updated consent form.
If a form with advice fee consent with an anniversary date/start date before 10 January 2025 has been prepared and sent to a client, but isn't received by us before 10 January 2025, your form won't be affected and can be submitted.
What will happen if I start a form on 10 January?
From 10 January 2025, all new to bank applications, switch forms and advice fee forms will be updated to help you meet your requirements.
Where can I find more information?
For additional information on the new requirements, please refer to the ASIC website.