In implementing the Royal Commission recommendation 2.1 – Annual fee renewals, the Government has drafted legislation which will remove the ability for CFP® professionals and Financial Planner AFP® members to register and use the FPA Professional Ongoing Fees Code from 1 July 2020. Until it is clear in the final legislation whether the Government will keep or remove Section 962CA of the Corporations Act, the FPA will not be taking new applications from members under the Code.
The FPA Professional Ongoing Fees Code is Practice Standard 7.6A made by the Board on 28 September 2016. The Code is available to FPA practitioner members (CFP® professionals and Financial Planner AFP® categories).
FPA members who apply and meet the eligibility criteria will be registered on a public register. Those registered will not have to comply with the requirement in s962K of the Corporations Act (Cth) 2001 to provide a biennial ‘opt-in’ renewal notice to their clients in an ongoing fee arrangement, and will instead utilise the arrangements under the code to renew such arrangements with their client every three years.
FPA Professional Ongoing fees code registration form
Registrations are now open for the FPA Professional Ongoing Fees Code. Reading the registration agreement will help you understand the key obligations and help you decide whether you’d like to participate. Please click on the button below to access the registration form.
For convenience we have also included links directly to the schedules below:
Schedule 1 – FPA Professional Ongoing Fees Code
The Ongoing Fees Code forms part of the Registration Agreement too.
Schedule 2 – Participating Member Acknowledgement / annual compliance declaration
You will need to provide this form of acknowledgement to the FPA when you register for the Ongoing Fees Code. Once you are registered to the Ongoing Fees Code you will also need to provide an annual compliance declaration to the FPA when you re-register.
Schedule 3 – Australian Financial Services Licensee Acknowledgement and Authorisation
This is the form we will require you to have your AFS licensee sign to indicate they support your participation in the Ongoing Fees Code.
SCHEDULE 4 – notices
Tools to help you satisfy your FPA Professional Ongoing Fees Code arrangements.
Sample Client Engagement Letter
Sample Fee Disclosure Statement (FDS)
Sample Statement of Participation Text
What is the FPA Professional Ongoing Fees Code?
Approved by ASIC, the FPA Professional Ongoing Fees Code will provide FPA members with an alternative to the opt-in laws when engaging clients in an Ongoing Fee Arrangement.
The FPA Professional Ongoing Fees Code is approved by ASIC under ASIC Corporations (Ongoing Fees Code) Instrument 2016/1129 for the purposes of s.962CA(1) and 1101A(1) of the Corporations Act 2001. View the instrument here
When does the FPA Professional Ongoing Fees Code take effect?
The FPA Professional Ongoing Fees Code takes effect from 1 July 2017.
Who is eligible to apply to participate in the FPA Professional Ongoing Fees Code?
CFP® Professional and Financial Planner AFP® members who are in good standing with the FPA and their licensee may apply to join the FPA Professional Ongoing Fees Code Register.
To be eligible, you will need to:
- Be a current financial member in the CFP® Professional or Financial Planner AFP® category
- Apply in the manner required by the FPA
- Have your licensee’s approval in the form required by the FPA
- Provide a copy to the FPA of the ongoing fee agreement you will use with your clients under the FPA Professional Ongoing Fees Code
- Sign the terms and conditions agreement required by the FPA
- Undertake the training provided by the FPA
When can members apply?
CFP® Professional and Financial Planner AFP® members can apply to participate in the FPA Professional Ongoing Fees Code during the 2017/18 membership subscription renewal.
What is an ongoing fee arrangement?
An Ongoing Fee Arrangement is an arrangement for the provision of personal financial services (which may include personal advice), under which a fee (however described or structured) is to be paid during a period of more than 12 months.
has the FPA developed training for members on the FPA Professional Ongoing Fees Code?
The FPA has developed an online training course, Getting to know the FPA Professional Ongoing Fees Code, for participating members to complete in conjunction with their registration to the FPA Professional Ongoing Fees Code.
How will consumers know if an FPA member is participating in the FPA Professional Ongoing Fees Code?
From 1 July 2017, consumers will be able to check which FPA members are participating in the FPA Professional Ongoing Fees Code by viewing a public register on the FPA website.