Product Distribution

Legal Agreements

    We can assist with insurance product distribution:

    • Develop and/or review policies, other financial services products and loan documentation
    • Develop and/or review compliance of, distribution structures and documentation to be used in distribution of relevant product

    We have assisted clients in the creation and review of:

    • insurance policies:
    • personal lines such as motor, gap, tyre and rim, home, CCI, sickness and accident, travel and insurance of personal and
    • domestic property, marine pleasure craft, extended warranty, mobile phone, strata
    • small business package policies
    • liability
    • SR and contract works
    • Professional indemnity and Directors and Officers insurance
    • non traditional insurance
    • group policies
    • Reinsurance treaties and facultative arrangements
    • Alternative risk management arrangements such as discretionary mutual funds, catastrophe bonds,
    • wether derivatives, extended warranties and service agreements
    • Premium funding and other loan agreements (traditional and non traditional) and the relevant disclosure documentation such as Credit Guides.

    We have been involved in the development and/or review of the compliance of, distribution structures and documentation to be used in
    distribution structures and documentation to be used in distribution of relevant insurance, other – financial products and loan documentation
    (including consumer credit documentation).

    These have included:

    • Web based models
    • Telemarketing based models
    • Face to face models by client or its distributors
    • Mail out models
    • Joint venture arrangements
    • Franchise arrangements
    • Aggregator models

    The process usually involves some or all of the following, depending on client needs:

    • Identification of the relevant participants
    • Identification of their roles and FSR impact (e.g do they provide a financial service and if so-
      do they need a licence or should they be an authorised representative or act in some other –
      capacity?) or credit legislation impact (e.g are their activities caught by the –
      Credit Legislation and do they require an Australian Credit Licence to engage in these activities?)
    • The development of the agreements between such parties to identify their roles and obligations relevant to the arrangement
    • The development of the product documentation required to ensure the arrangement is compliant with relevant legislation

    We have extensive experience in dealing with ASIC in relation to the issues that can arise in relation to such arrangements –
    for example those regarding anti hawking and opt in or opt out models etc.