NZ Level 5 Personal Lending study materials
NZ Level 5 Personal Lending study resources

NZ Level 5 Personal Lending: Financial advice, documentation and record-keeping requirements

NZ Level 5 Personal Lending · Work through your exam, one topic at a time.

All guide sections

Financial advice, documentation and record-keeping requirements

Domain focus

Financial advice, documentation and record-keeping tests whether you can show what was recommended, why, and how the client's interests were protected.

Core rules

  • Under the FMCA and the Code, advice must be suitable, explained clearly and recorded.
  • A good file shows: client goals and needs, income and expenses, credit check, product comparison, recommendation rationale, disclosures, client acceptance and any conflicts.
  • Record client instructions and any changes; do not rewrite history after a complaint.
  • Retention: keep advice and compliance records for at least seven years under FMCA requirements; AML/CFT records generally at least five years.
  • Privacy Act 2020 governs collection, use and storage of client information.

Worked example

A client complains that they did not understand the early repayment fee. The file contains only the signed contract. Reasoning: the lender or adviser cannot show that the fee was explained or that the advice was suitable; the missing record weakens the defence. A contemporaneous note of the explanation, the disclosure document and the client's acknowledgement would support compliance.

Traps

  • Recording only the outcome, not the reasoning.
  • Backdating or altering notes.
  • Failing to retain disclosure and affordability records.
  • Relying on memory in a dispute.
  • Not recording client instructions that limit the advice.