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Superannuation
Superannuation (SMSF) document

Statement of Advice

Use Cleardocs to create the documents you are required by law to provide to your clients when giving SMSF advice under your AFSL — either limited or full.

New funds

Create your Statement of Advice advising on one or more of the following:

  • establishment of an SMSF.
  • whether to set up an SMSF with individual trustees or a corporate trustee.
  • rolling funds into a new SMSF, if appropriate to do so.
Existing funds

Create your Statement of Advice advising on one or more of the following:

  • a change of trustee — from individual trustees to a corporate trustee or from a corporate trustee to individual trustees.
  • rolling funds into an existing SMSF, if appropriate to do so.
$407.00
New funds
  • Cleardocs fee incl GST $407.00
$407.00
Existing funds
  • Cleardocs fee incl GST $407.00
Product Benefits
  • Quality master documents drafted by an experienced Chartered Accountant and Certified Financial Planner, with input from compliance and technical experts
  • Assists SMSF advisers to comply with regulatory requirements
  • Your client receives an easy-to-understand advice document in what can be described as a complex environment
  • The SMSF does not require a Cleardocs deed to use this document package
  • Pre-population of SMSF information from previous Cleardocs orders
  • Easy to use question interface
  • Extensive online help and phone support
Product Information

What is included in the Cleardocs package?

The Cleardocs Statement of Advice (SoA) package includes:

  • a Confidential Fact Find, setting out the client's needs, objectives and circumstances;
  • a tailored Statement of Advice; and
  • an Establishment Kit explaining what to do next.

What information do you need to create a Statement of Advice through Cleardocs?

Our checklist outlines all the information you require.

Who needs to prepare a Statement of Advice?

Since 1 July 2016, an SMSF is considered a financial product by law, so to give advice in this area, you need to be licensed.

Under the law, a person who provides financial product advice to retail clients must prepare and provide an SoA. The obligation applies to personal advice, but not to general advice.

The purpose of the SoA is to assist a retail client to understand the advice and decide whether to rely on it and proceed with your recommendations.

Information about the Fact Find

The Fact Find is an important document to help satisfy the best interests duty under your licence. It contains information about the client's needs, objectives and financial position and demonstrates you have an understanding of these to give your advice.

The Fact Find included in the Cleardocs package is very comprehensive. The more accurate you make the Fact Find, the easier it will be to prepare the Statement of Advice.

A quality Statement of Advice

Under the law, an SoA must contain certain information. This includes:

  • a statement setting out the advice;
  • the basis upon which the advice is given; and
  • information about the remuneration, commission and other benefits to the adviser.

SoAs must be clear, concise and effective. The Cleardocs SoA is written in plain language which promotes a client's understanding of the advice provided and the underlying rationale.

You must provide Financial Services Guides (FSGs)

Under the law, a person who provides general or personal financial product advice to retail clients must prepare and provide two FSGs — one FSG from the AFSL entity and one FSG from the individual adviser. An FSG must include certain information about the AFSL entity and the relevant adviser including amongst other matters:

  • what they are licensed to do;
  • the services they provide under that licence;
  • how they are remunerated for their services;
  • whether there are conflicts of interest or not; and
  • their complaints handling procedure.

The purpose of the FSGs are to ensure retail clients are given sufficient information to allow them to decide whether to retain the financial services provider.

The Cleardocs documents package does not include FSGs. You will need to provide your own compliant FSGs or you may contact our free helpline on 1300 307 343 and we can refer you to AccountantsIQ for FSGs templates.

Can I amend my advice documents before I provide them to my client?

The documents we provide to you are complete and based on the answers you provided when using our service. If you review your documents and wish to make any changes to the answers you initially provided, you can do this for free. Please call our helpline on 1300 307 343 so that we can grant you edit access to your order.

Links to relevant legislation and information

The conduct and disclosure obligations of financial product advisers is set out in the Corporations Act 2001 (Cth), in particular Part 7.7 and Division 2 of Part 7.7A.

ASIC has published regulatory guides to assist licensees with the obligations that apply to them as providers of financial services:

Seek professional advice

The SoA information here should be considered general in nature, and in no way interpreted as legal or financial advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.

Frequently Asked Legal Questions

Cleardocs is not a law firm. So as with all the legal material on this site, the answers to these "frequently asked legal questions" are provided by the law firm Maddocks. Cleardocs does not endorse those answers.

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Will the Cleardocs Statement of Advice (SoA) satisfy my FoFA and best interests duties?

Yes, the Cleardocs SoA will assist you to satisfy your FoFA and best interests duties because it:

  • contains a statement that you have acted in the best interests of the client;
  • includes a statement that you believe you have provided appropriate advice;
  • includes a warning to the client if advice is based on incomplete or inaccurate information; and
  • places the interests of your client ahead of your own interests.

To fulfil your FoFA requirements, you need to ensure the client has been provided with 2 Financial Services Guides (FSGs) — one from the AFSL entity and one from the individual person providing the advice — and you have kept the necessary records about the FSGs on file. The Cleardocs SoA document package does not include FSGs. You may contact our free helpline on 1300 307 343 and we can refer you to AccountantsIQ for FSG templates.

Is the Cleardocs product suitable if my client has more than one objective?

Yes, the Cleardocs SoA can cover one or more of the following objectives:

  • establishing an SMSF;
  • whether to use a corporate or individual trustee; and
  • consider your existing super fund(s) and where appropriate to do so, rollover existing super funds into an SMSF.

Does the SoA cover the situation when I don't believe setting up an SMSF is in the best interests of the client?

Yes. There is a specific option to insert a statement to cover this situation.

What if the client doesn't provide me with all the relevant details I need, how does the SoA cater for this situation?

There is a specific option to insert a statement to cover this situation.

How long is an SoA considered current?

The Statement of Advice is current for 30 days. If the advice has not been actioned/implemented in this time, you will need to review the client's needs and objectives to ensure there have not been any material changes.

After 30 days, the SoA will need to be updated and/or an extension of time provided if no update is required.

Do I need to do a new SoA every time I provide advice?

No. A Record of Advice (RoA) can be provided in certain circumstances after an SoA has been provided:

  • the client's relevant circumstances (needs, objectives and financial situation) are not significantly different to those in any previous advice; and
  • the basis of the further advice is not significantly different from the basis of the previous advice.

Can another Partner of my firm present the SoA to the client if I am authorised and I have prepared it?

No. The person presenting the advice must be the one authorised to do so under the relevant AFSL.


how to use cleardocs
  • A simple and fast process:

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      Register as a User - it's free;

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      Select your required document;

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      Answer the online interface questions;

      i. If you are unable to complete the question interface, you can save the document and return to it later.

      ii. We provide help-text beside many questions. To see the help-text, simply click the beside the question. Common questions and answers relating to our document packages can also be found at our legal FAQ's.

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      Receive, download and store the document; and

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      If printing and binding is ordered, confirm.

    For any questions or assistance in this process, we have local helpline support. Call us on 1300 307 343.

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