Marketing and Distribution Policy Template (ASIC | AFSL)

A marketing and distribution policy sets out how a business prepares, reviews and approves the material it uses to promote financial products and services. This template is drafted for an Australian financial services licensee that markets and distributes financial products to wholesale clients, and it applies ASIC's good practice advertising guidance in RG 234 to that wholesale audience. The regulatory guidance tables and the Schedule 1 checklist arrive fully drafted.

Use this policy if you:

• Hold an Australian financial services licence and promote or distribute financial products
• Market and distribute those products to wholesale clients
• Do not issue regulated disclosure documents such as a Product Disclosure Statement or Financial Services Guide
• Need a documented review and approval pathway for marketing material before it is released
• Need to manage the hawking prohibitions in the Corporations Act 2001 (Cth)

It is suited to:

• AFSL holders acting as trustee or investment manager of a managed investment scheme
• Fund managers distributing to wholesale investors under an information memorandum
• Compliance Officers responsible for reviewing marketing material before release
• Boards approving a marketing and distribution policy as part of a wider compliance suite

What this policy covers:

• Policy ownership, board approval, annual review and a key obligations table mapping each obligation to its timing, responsible person and reference
• ASIC's RG 234 good practice guidance on returns and risks, fees and costs, comparisons, ratings, awards, past performance and forecasts, testimonials, restricted terminology, and target audience
• The principles ASIC applies in deciding whether advertising is misleading or deceptive, and the substantiation expected for each statement
• Channel controls for mass media and social media, audio, film and video, internet, outdoor advertising, and consumer testing
• Disclosures required on stationery, signage, websites, apps and social media pages, including general advice warnings and past returns disclosure
• The Compliance Officer review process for marketing material, with escalation to an external compliance or legal services provider
• The hawking prohibitions in sections 736, 992AA and 992A of the Corporations Act, what counts as unsolicited contact and good practice for real-time interactions
• Schedule 1, a Marketing Material Checklist covering principal, company details, general advice warnings, restricted words, past performance, fees and direct marketing opt-out

You receive an editable Word document with bracketed placeholders for your company name, ACN and issue and approval dates, ready to populate and take to your board. It reflects ASIC's guidance in RG 234 and RG 38 together with the hawking provisions of the Corporations Act, and should be reviewed by a qualified lawyer and tailored to your licence conditions, product range and client base before adoption.