Common use of Financial Product Advice Clause in Contracts

Financial Product Advice. (a) When providing Financial Services to a Client as a Retail Client, the Corporate Authorised Representative must: (i) provide the Client with a Financial Services Guide in accordance with Division 2 of Part 7.7 of the Act, such Financial Services Guide to be approved in writing by the Licensee; (ii) in relation to the provision of general advice to Clients that are Retail Clients, provide the Client with a written warning that the advice does not take into account the Client’s objectives, financial situation and needs in accordance with section 949A of the Act; (iii) in relation to the provision of Financial Services to Clients that are Retail Clients: (A) comply with the best interest obligations contained in Division 2 of Chapter 7.7A of the Act; (B) have a reasonable basis for the advice in accordance with section 961G of the Act; (C) comply with the ongoing fee provisions of the Act as set out in Division 3 of Chapter 7.7A of the Act; (D) comply with the conflicted remuneration provisions of the Act as set out in Division 4 of Part 7.7A of the Act; (E) warn the Client in writing if the advice is based on incomplete or inaccurate information in accordance with section 961H of the Act; (F) provide the Client with a Statement of Advice or another form of advice in accordance with the Act, such advice to be in a form approved by the Licensee; and (G) provide the Client with a Product Disclosure Statement where required by Part 7.9 of the Act or otherwise required by the Licensee; and (iv) without limiting this clause 6.5, at all times only provide Financial Services Advice in respect of the Approved Products, unless the advice relates to the disposal of a Financial Product held by a Client. (b) The Corporate Authorised Representative must not make any representations or provide Financial Product Advice which is materially different: (i) to the contents of any then current Financial Services Guide, Statement of Advice or Product Disclosure Statement (as the case may be) with respect to the Financial Services; or (ii) the contents of any research provided to or made available by the Licensee to the Corporate Authorised Representative. (c) The Corporate Authorised Representative must not engage in the hawking of Financial Products in contravention of the Act.

Financial Product Advice. (a) When 6.1. The Adviser agrees that PIS can amend the terms of this clause 6, by giving the adviser 14 days’ notice in writing. 6.2. Without limiting in any way the other provisions of this Agreement or Applicable Law, when providing Financial Services Product Advice to a Client client as a Retail Clientretail client, the Corporate Authorised Representative Adviser must: (ia) Only provide Financial Product Advice in those areas listed on the Client Adviser’s Authorised Representative Certification; b) Make and maintain file notes in respect of each instruction the Adviser receives from a client at the time of receiving the instruction; c) Prior to the provision of Financial Services provide each client with a Financial Services Guide (including adviser profile) in accordance with Division 2 of Part 7.7 of the Corporations Act, such Financial Services Guide to be approved in writing by the LicenseePIS; (iid) in In relation to the provision of general advice to Clients that are Retail Clientsretail clients, provide the Client client with a written warning that the advice does not take into account the Clientclient’s objectives, financial situation and particular needs in accordance with section 949A of the Corporations Act; (iiie) in In relation to the provision of Financial Services personal advice to Clients that are Retail Clientsretail clients: (A) comply with the best interest obligations contained in Division 2 of Chapter 7.7A of the Act; (B) have i. Have a reasonable basis for the advice in accordance with section 961G of the Corporations Act; (C) comply with ii. At all times take reasonable steps to ascertain the ongoing fee provisions objectives, financial situation and needs of the Act client; iii. Take all steps necessary to ensure they ‘know the client’ and ‘know the product’ as set out in Division 3 of Chapter 7.7A of required by the Corporations Act; (D) comply iv. At all times act in the best interests of the client in accordance with the conflicted remuneration provisions of Corporations Act. v. Warn the Act as set out in Division 4 of Part 7.7A of the Act; (E) warn the Client client in writing if the advice is based on incomplete or inaccurate information in accordance with section 961H of the ActCorporations Act and make reasonable inquiries to obtain complete and accurate information; (F) vi. Assess whether the Adviser has the expertise required to provide the Client client with a Statement of advice on the subject matter sought and, if not, decline to provide advice to the client; vii. Provide the client with an Advice or another form of advice Document in accordance with the ActCorporations Act or any other law, such advice Advice Document to be in a form approved by PIS; viii. Provide the Licensee; and (G) provide the Client client with a Product Disclosure Statement where required by Part 7.9 of the Corporations Act or otherwise required by the LicenseePIS; and (iv) without limiting this clause 6.5, at all times only provide Financial Services Advice in respect of the Approved Products, unless the advice relates to the disposal of a Financial Product held by a Client. (b) 6.3. The Corporate Authorised Representative Adviser must not make any representations or provide Financial Product Advice which is materially different: (i) different to the contents of any then current Financial Services Guide, Statement of Advice Document or Product Disclosure Statement (as the case may be) with respect to the Financial Services; or (ii) Services or the contents of any research carried out by or on behalf of PIS and provided to or made available by the Licensee to the Corporate Authorised RepresentativeAdviser. (c) 6.4. The Corporate Authorised Representative Adviser must not engage in the hawking of securities, Financial Products or managed investment products in contravention of the Corporations Act.

Financial Product Advice. (a) When 6.1 The Sub-Adviser agrees that PIS can amend the terms of this clause 6, by giving the Sub-Adviser 14 days notice in writing. 6.2 Without limiting in any way the other provisions of this Agreement or Applicable Law, when providing Financial Services Product Advice to a Client client as a Retail Clientretail client, the Corporate Authorised Representative Sub-Adviser must: (ia) Only provide Financial Product Advice in those areas listed on the Client Sub-Adviser’s Authorised Representative Certification; (b) Make and maintain contemporaneous file notes in respect of each instruction the Sub-Adviser receives from a client at the time of receiving instruction; (c) Prior to the provision of Financial Services provide each client with a Financial Services Guide (including adviser profile) in accordance with Division 2 of Part 7.7 of the Corporations Act, such Financial Services Guide to be approved in writing by the LicenseePIS; (iid) in In relation to the provision of general advice to Clients that are Retail Clientsretail clients, provide the Client client with a written warning that the advice does not take into account the Clientclient’s objectives, financial situation and particular needs in accordance with section 949A of the Corporations Act;; and (iiie) in In relation to the provision of Financial Services personal advice to Clients that are Retail Clientsretail clients: (A) comply with the best interest obligations contained in Division 2 of Chapter 7.7A of the Act; (B) have i. Have a reasonable basis for the advice in accordance with section 961G of the Corporations Act; (C) comply with ii. At all times take reasonable steps to ascertain the ongoing fee provisions objectives, financial situation and needs of the Act client; iii. Take all steps necessary to ensure they ‘know the client’ and ‘know the product’ as set out in Division 3 of Chapter 7.7A of required by the Corporations Act; (D) comply iv. At all times act in the best interests of the client in accordance with the conflicted remuneration provisions of the Act as set out in Division 4 of Part 7.7A of the Corporations Act; (E) warn v. Warn the Client client in writing if the advice is based on incomplete or inaccurate information in accordance with section 961H of the ActCorporations Act and make reasonable inquiries to obtain complete and accurate information; (F) vi. Assess whether the Sub-Adviser has the expertise required to provide the Client client with a Statement of the advice on the subject matter sought and, if not, decline to provide advice to the client; vii. Provide the client with an Advice or another form of advice Document in accordance with the Corporations Act, such advice Advice Document to be in a form approved by PIS; viii. Provide the Licensee; and (G) provide the Client client with a Product Disclosure Statement where required by Part 7.9 of the Corporations Act or otherwise required by the LicenseePIS; and (iv) without limiting this clause 6.5, at all times only provide Financial Services Advice in respect of the Approved Products, unless the advice relates to the disposal of a Financial Product held by a Client. (b) 6.3 The Corporate Authorised Representative Sub-Adviser must not make any representations or provide Financial Product Advice which is materially different: (i) different to the contents of any then current Financial Services Guide, Statement of Advice Document or Product Disclosure Statement (as the case may be) with respect to the Financial Services; or (ii) Services or the contents of any research carried out by or on behalf of PIS and provided to or made available by the Licensee to the Corporate Authorised RepresentativeSub-Adviser. (c) 6.4 The Corporate Authorised Representative Sub-Adviser must not engage in the hawking of securities, Financial Products or managed investment products in contravention of the Corporations Act. 7.1 The Sub-Adviser represents and warrants to PIS that as at the date of this Agreement and at all times during the term of the Agreement: (a) all information provided to enable PIS to assess its suitability to be provided with Authorisation is true and correct and that no information material to that assessment has been omitted. In particular, the Sub-Adviser warrants that it has not (unless otherwise notified in writing to PIS) previously been allocated a number by ASIC as an Authorised Representative of a Financial Services Licensee; (b) the Sub-Adviser has relied on their own enquiries in entering into this Agreement, and the Sub- Adviser has not relied on any statement made or allegedly made by PIS or any Related Body Corporate other than that which is contained in this Agreement; (c) the Sub-Adviser is not in breach of any provision of this Agreement or any Applicable Law. (d) the Sub-Adviser has the right to work in Australia; (e) the Sub-Adviser is under no obligation to any former employer or other party which is in any way inconsistent with, or which imposes any restriction upon or would interfere in any way with the undertakings and obligations under this Agreement; (f) it is not in breach of any law or obligation affecting it or its assets in a way which may result in a material adverse effect on its business or its financial condition; (g) there are no reasonable grounds to suspect that it is unable to pay its debts as and when they become due and payable; and (h) the Sub-Adviser possesses sufficient skills, judgement and ability to discharge its obligations under this Agreement. 7.2 The Sub-Adviser covenants to immediately inform PIS if any of the warranties contained in this clause becomes inaccurate or untrue.

Financial Product Advice. (a) When 6.1 The Sub-Adviser agrees that PIS can amend the terms of this clause 6, by giving the Sub- Adviser 14 days notice in writing. 6.2 Without limiting in any way the other provisions of this Agreement or Applicable Law, when providing Financial Services Product Advice to a Client client as a Retail Clientretail client, the Corporate Authorised Representative Sub-Adviser must: (ia) Only provide Financial Product Advice in those areas listed on the Client Sub-Adviser’s Authorised Representative Certification; (b) Make and maintain contemporaneous file notes in respect of each instruction the Sub- Adviser receives from a client at the time of receiving instruction; (c) Prior to the provision of Financial Services provide each client with a Financial Services Guide (including adviser profile) in accordance with Division 2 of Part 7.7 of the Corporations Act, such Financial Services Guide to be approved in writing by the LicenseePIS; (iid) in In relation to the provision of general advice to Clients that are Retail Clientsretail clients, provide the Client client with a written warning that the advice does not take into account the Clientclient’s objectives, financial situation and particular needs in accordance with section 949A of the Corporations Act;; and (iiie) in In relation to the provision of Financial Services personal advice to Clients that are Retail Clientsretail clients: (A) comply with the best interest obligations contained in Division 2 of Chapter 7.7A of the Act; (B) have i. Have a reasonable basis for the advice in accordance with section 961G of the Corporations Act; (C) comply with ii. At all times take reasonable steps to ascertain the ongoing fee provisions objectives, financial situation and needs of the Act client; iii. Take all steps necessary to ensure they ‘know the client’ and ‘know the product’ as set out in Division 3 of Chapter 7.7A of required by the Corporations Act; (D) comply iv. At all times act in the best interests of the client in accordance with the conflicted remuneration provisions of the Act as set out in Division 4 of Part 7.7A of the Corporations Act; (E) warn v. Warn the Client client in writing if the advice is based on incomplete or inaccurate information in accordance with section 961H of the ActCorporations Act and make reasonable inquiries to obtain complete and accurate information; (F) vi. Assess whether the Sub-Adviser has the expertise required to provide the Client client with the advice on the subject matter sought and, if not, decline to provide advice to the client; vii. Conduct a Statement of reasonable investigation into the Financial Products that are recommended to a client as achieving their objectives and needs; viii. Provide the client with an Advice or another form of advice Document in accordance with the Corporations Act, such advice Advice Document to be in a form approved by PIS; ix. Provide the Licensee; and (G) provide the Client client with a Product Disclosure Statement where required by Part 7.9 of the Corporations Act or otherwise required by the LicenseePIS; and (iv) without limiting this clause 6.5, at all times only provide Financial Services Advice in respect of the Approved Products, unless the advice relates to the disposal of a Financial Product held by a Client. (b) The Corporate Authorised Representative must not make any representations or provide Financial Product Advice which is materially different: (i) to the contents of any then current Financial Services Guide, Statement of Advice or Product Disclosure Statement (as the case may be) with respect to the Financial Services; or (ii) the contents of any research provided to or made available by the Licensee to the Corporate Authorised Representative. (c) The Corporate Authorised Representative must not engage in the hawking of Financial Products in contravention of the Act.

Financial Product Advice. (a) When providing Financial Authorised Services to a Client as a Retail Client, the Corporate Authorised Representative mustmust ensure that it: (i) provide provides the Client with a Financial Services Guide in accordance with Division division 2 of Part part 7.7 of the Act, such Financial Services Guide to be approved in writing by the Licensee; (ii) in relation to the provision of general advice to Clients that are Retail Clientsadvice, provide provides the Client with a written warning that the advice does not take into account the Client’s objectives, financial situation and needs in accordance with section 949A of the Act; (iii) in relation to the provision of Financial Services to Clients that are Retail Clients: (A) comply complies with the best interest obligations contained in Division division 2 of Chapter chapter 7.7A of the Act; (Biv) have has a reasonable basis for the advice in accordance with section 961G 945A of the Act; (Cv) comply complies with the ongoing fee provisions of the Act as set out in Division division 3 of Chapter chapter 7.7A of the Act; (Dvi) comply complies with the conflicted remuneration provisions of the Act as set out in Division 4 division 2 of Part part 7.7A of the Act; (Evii) warn warns the Client in writing if the advice is based on incomplete or inaccurate information in accordance with section 961H 945B of the Act; (Fviii) provide provides the Client with a Statement of Advice or another form of advice in accordance with the Act, such advice to be in a form approved by the Licensee; and; (Gix) provide provides the Client with a Product Disclosure Statement where required by Part part 7.9 of the Act or otherwise required by the Licensee; and (ivx) without limiting this clause 6.55.3, at all times only provide Financial Services Product Advice in respect of the Approved Products and observe the requirements in the Compliance Manual or as otherwise notified with respect to Approved Products, unless the advice relates to the disposal of a Financial Product held by a Client. (b) The Corporate Authorised Representative must not make any representations or provide Financial Product Advice which is materially different: (i) to the contents of any then current Financial Services Guide, Statement of Advice or Product Disclosure Statement (as the case may be) with respect to the Financial Authorised Services; or (ii) the contents of any research provided to or made available by the Licensee to the Corporate Authorised Representative. (c) The Corporate Authorised Representative must not engage in the hawking of Financial Products in contravention of the Act. (d) The Representative must have all financial plans reviewed in compliance with the plan review process as approved by the Licensee from time to time.

Financial Product Advice. (a) When providing Financial Authorised Services to a Client as a Retail Client, the Corporate Authorised Representative mustmust ensure that it: (i) provide provides the Client with a Financial Services Guide in accordance with Division division 2 of Part part 7.7 of the Act, such Financial Services Guide to be approved in writing by the Licensee; (ii) in relation to the provision of general advice to Clients that are Retail Clientsadvice, provide provides the Client with a written warning that the advice does not take into account the Client’s objectives, financial situation and needs in accordance with section 949A of the Act; (iii) in relation to the provision of Financial Services to Clients that are Retail Clients: (A) comply complies with the best interest obligations contained in Division division 2 of Chapter chapter 7.7A of the Act; (Biv) have has a reasonable basis for the advice in accordance with section 961G 945A of the Act; (Cv) comply complies with the ongoing fee provisions of the Act as set out in Division division 3 of Chapter chapter 7.7A of the Act; (Dvi) comply complies with the conflicted remuneration provisions of the Act as set out in Division 4 division 2 of Part part 7.7A of the Act; (Evii) warn warns the Client in writing if the advice is based on incomplete or inaccurate information in accordance with section 961H 945B of the Act; (Fviii) provide provides the Client with a Statement of Advice or another form of advice in accordance with the Act, such advice to be in a form approved by the Licensee; and; (Gix) provide provides the Client with a Product Disclosure Statement where required by Part part 7.9 of the Act or otherwise required by the Licensee; and (ivx) without limiting this clause 6.55.5, at all times only provide provides Financial Services Product Advice in respect of the Approved Products and observe the requirements in the Compliance Manual or as otherwise notified with respect to Approved Products, unless the advice relates to the disposal of a Financial Product held by a Client. (b) The Corporate Authorised Representative must not make any representations or provide Financial Product Advice which is materially different: (i) to the contents of any then current Financial Services Guide, Statement of Advice or Product Disclosure Statement (as the case may be) with respect to the Financial Authorised Services; or (ii) the contents of any research provided to or made available by the Licensee to the Corporate Authorised Representative. (c) The Corporate Authorised Representative must not engage in the hawking of Financial Products in contravention of the Act. (d) The Representative must have all financial plans reviewed in compliance with the plan review process as approved by the Licensee from time to time.

Financial Product Advice. (a) When providing Financial Authorised Services to a Client as a Retail Client, the Corporate Authorised Representative mustmust ensure that it: (i) provide provides the Client with a Financial Services Guide in accordance with Division division 2 of Part part 7.7 of the Act, such Financial Services Guide to be approved in writing by the Licensee; (ii) in relation to the provision of general advice to Clients that are Retail Clientsadvice, provide provides the Client with a written warning that the advice does not take into account the Client’s objectives, financial situation and needs in accordance with section 949A of the Act; (iii) in relation to the provision of Financial Services to Clients that are Retail Clients: (A) comply complies with the best interest obligations contained in Division division 2 of Chapter part 7.7A of the Act; (Biv) have a reasonable basis for the advice in accordance with section 961G of the Act; (C) comply complies with the ongoing fee provisions of the Act as set out in Division division 3 of Chapter part 7.7A of the Act; (Dv) comply complies with the conflicted remuneration provisions of the Act as set out in Division division 4 of Part part 7.7A of the Act; (Evi) warn the Client in writing if the advice is based on incomplete or inaccurate information in accordance with section 961H of the Act; (F) provide provides the Client with a Statement of Advice or another form of advice in accordance with the Act, such advice to be in a form approved by the Licensee; and; (Gvii) provide provides the Client with a Product Disclosure Statement where required by Part part 7.9 of the Act or otherwise required by the Licensee; and (ivviii) without limiting this clause 6.55.3, at all times only provide Financial Services Product Advice in respect of the Approved Products and observe the requirements in the Compliance Manual or as otherwise notified with respect to Approved Products, unless the advice relates to the disposal of a Financial Product held by a Client. (b) The Corporate Authorised Representative must not make any representations or provide Financial Product Advice which is materially different: (i) to the contents of any then current Financial Services Guide, Statement of Advice or Product Disclosure Statement (as the case may be) with respect to the Financial Authorised Services; or (ii) the contents of any research provided to or made available by the Licensee to the Corporate Authorised Representative. (c) The Corporate Authorised Representative must not engage in the hawking of Financial Products in contravention of the Act. (d) The Representative must have all financial plans reviewed in compliance with the plan review process as approved by the Licensee from time to time.