Fee Disclosure Statement issuance delay

[LA]

What is the likely repercussions to an adviser overlooking two of his clients in regards to his duties to issue Fee Disclosue Statement on time? He issued them two months late, that is he issued them two months after the 30 day window had already closed……

[Jesse Vermiglio]

Hello,

Thank you for your question.

Generally, the consequence for failing to provide a client a Fee Disclosure Statement (FDS) is that the ongoing fee arrangement may terminate and an adviser can no longer charge an ongoing fee. This result is not avoided by providing the FDS to the client after the required time. However, this consequence may not be the case in particular circumstances and given the technical nature of the FDS provisions, we recommend that you seek legal advice in relation to your particular situation.

Please feel free to contact our Financial Services Team if you require any further assistance.

Authors: Jesse Vermiglio (Senior Lawyer) and Tamara Cherny (Law Clerk)

[Author]

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