Following the introduction of the Delivering Better Financial Outcomes and Other Measures Act 2024, effective 10 January 2025, we’ve updated 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 now 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- The ‘anniversary date’ for each ongoing fee arrangement has been replaced by a ‘reference date’. There is 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 they can only be renewed between 60 days before and 150 days after the reference date.
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 Wrap accounts.
If the amounts are the same there will be an option within the online form to use the same figure for both.
How has the renewal period changed?
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 previous ‘anniversary date’ has been 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’s a date that’s 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 gives 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’s more convenient.
What forms are impacted?
Any form where an advice fee is instructed is impacted. This includes:
- Wrap applications
- Adviser fee forms.
Is there a transition period?
To ensure a smooth transition, we recommend using the new consent forms from 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 outlined the new requirements for all forms below:
Date received by Perpetual | Form generated prior to 10 Jan 2025 | Form generated on or following 10 Jan 2025 |
---|---|---|
Prior to 21 Feb 2025 | Accepted - provided they meet the internal Perpetual business rules of the form generated no more than 60 days to the anniversary date | Accepted |
On or after 21 Feb 2025 | Rejected - new form required | Accepted |
What will happen if I start a form after 10 January?
From 10 January 2025, all new applications and advice fee forms have been 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.