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Retail Client

A retail client is an individual or small business receiving financial services who gets the highest level of consumer protections, including PDSs, cooling-off rights, and access to AFCA.

Detailed Explanation

Under the Corporations Act 2001, a retail client is any person or organization receiving financial services (including insurance) who is not classified as a wholesale client. Retail clients receive the full suite of consumer protections including: Product Disclosure Statements (PDS); Financial Services Guides (FSG); cooling-off rights; access to AFCA for dispute resolution; protections against conflicted remuneration; and the benefit of the duty to take reasonable care rather than the stricter duty of disclosure. Generally, retail clients are individuals purchasing insurance for personal, domestic, or household purposes, or small businesses with less than 100 employees (for general insurance) or less than 20 employees (for products regulated as financial products). The value threshold is also relevant - for example, wholesale clients must be investing at least $500,000 or have net assets of at least $2.5 million. The retail/wholesale distinction is significant because wholesale clients are presumed to have greater financial sophistication and resources, thus requiring fewer protections. Insurers and advisers must assess client classification and provide appropriate protections. Incorrectly classifying retail clients as wholesale to avoid obligations is a serious breach.

Common Misconceptions

  • Being a retail client doesn't mean you're unsophisticated - the classification is legal, not a judgment on financial knowledge
  • Small businesses can be retail clients - having a business doesn't automatically make you wholesale if you have fewer than the threshold number of employees
  • You cannot choose to be classified as wholesale to avoid 'red tape' - the classification is based on objective criteria set in law

Real-World Examples

  • A family purchasing home and contents insurance are retail clients entitled to receive a PDS, exercise cooling-off rights, and access AFCA if disputes arise

  • A café with 15 employees buying public liability insurance is a retail client and receives full consumer protections including cooling-off rights

  • An individual with substantial wealth purchasing life insurance for personal purposes remains a retail client despite their financial resources, unless they specifically qualify as wholesale under net assets criteria

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