The Acenda Distribution Agreement
Clearer terms. Fairer outcomes. Stronger alignment.
Get your copy hereAcenda Distribution Agreement for retail products
Starting 1 July 2025
The Acenda Distribution Agreement reflects the feedback you’ve shared with us since we varied and restated the previous agreement in September 2021. Designed to align with regulatory changes and provide clearer, fairer terms, this updated agreement aims to support a stronger, more transparent partnership.
View what’s changed by clause:
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3.2 Your obligations
Clause Before 1 July 2025 From 1 July 2025 3.2 (f) (vii) you or your Representative ceases to be authorised to deal in or provide personal advice (as defined in the Corporations Act); 3.2 (j) notify us (at least 30 days prior to the effective transfer or assignment date) if you agree with any person to assign or transfer by any means the benefit of any remuneration you are entitled to receive under this agreement and you must provide any information in this respect that we reasonably request;
Take reasonable steps to notify us (at least 30 days prior to, or as soon as practicable, the effective transfer or assignment date) if you agree with any person to assign or transfer by any means the benefit of any remuneration you are entitled to receive under this agreement and you must provide any information in this respect that we reasonably request. In all cases, you must notify us in writing before the effective date of any such transfer or assignment. The assignment or transfer will be subject to the condition that, prior to the effective date of the transfer, all Debts are paid in full;
3.2 (k) comply with, and ensure your Representatives comply with, all Applicable Laws (including without limitation, the Future of Financial Advice provisions set out in Part 7.7A of the Corporations Act, the Product Design and Distribution provisions set out in Part 7.8A of the Corporations Act) and all requirements of your AFSL;
comply with, and take reasonable steps to ensure your Representatives comply with, all Applicable Laws (including without limitation, the Future of Financial Advice provisions set out in Part 7.7A of the Corporations Act, the Product Design and Distribution provisions set out in Part 7.8A of the Corporations Act) and all requirements of your AFSL;
3.2 (x) during this agreement and after it is terminated, co-operate with and provide us and any Regulator or Government Agency, with any information that we consider may relate to this agreement or the provisions of the Financial Services by you or your Representatives under this agreement; during this agreement and after it is terminated, co-operate with and provide us and any government agency (including a Regulator), with any information that we consider may relate to this agreement or the provisions of the Financial Services by you or your Representatives under this agreement for the purpose of assessing compliance with Applicable Law or for the purpose of responding to a request from a government agency (including a Regulator);
3.2 (aa) (i) whether you or your Representatives have received complaints in relation to the product during the reporting period (this includes reporting that you have received nil complaints during the complaints reporting period (if that is the case)); and
whether you or your Representatives have received complaints in relation to the product during the reporting period ; and
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3.3 Your additional obligations
Clause Before 1 July 2025 From 1 July 2025 3.3 To the extent you or your Representatives engage in Retail Product Distribution Conduct (except excluded) in relation to MLC Life Insurance Products, which have a target market determination and are on offer for acquisition by issuance to retail clients for the purposes of Part 7.8A of the Corporations Act, you must:
To the extent you or your Representatives engage in Retail Product Distribution Conduct (except for ‘excluded conduct’, as defined in s994A(1) of the Corporations Act) in relation to Acenda Products, which have a target market determination and are on offer for acquisition by issuance to retail clients for the purposes of Part 7.8A of the Corporations Act, you must: 3.3 (c) provide to the MLC Life Insurance Issuer within 45 days of the end of each calendar year a signed attestation (in the form reasonably required by the MLC Life Insurance Issuer) and written responses to a questionnaire relating to the steps that you and your Representatives have taken during the preceding 12 months to ensure that Retail Product Distribution Conduct by you or your Representatives in relation to MLC Life Insurance Products is consistent with the target market determinations for the relevant MLC Life Insurance Products. The MLC Life Insurance Issuer will provide the attestation and questionnaire to you prior to the end of the relevant calendar year.
where providing general advice (or execution-only services), within 45 days of upon our request provide to the Acenda Issuer a signed attestation (in the form reasonably required by the Acenda Issuer) and written responses to a questionnaire relating to the steps that you and your Representatives have taken during a period of time (as specified by us) to ensure that Retail Product Distribution Conduct by you or your Representatives in relation to Acenda Products is consistent with the target market determinations for the relevant Acenda Products. The Acenda Issuer will provide the attestation and questionnaire to you.
3.3 (d) provide to the MLC Life Insurance Issuer within 45 days such information reasonably requested in writing by the MLC Life Insurance Issuer to enable the MLC Life Insurance Issuer to comply with its obligations under Application Law (including, without limitation, Part 7.8A of the Corporations Act).
provide to the Acenda Issuer within 45 days such information reasonably requested in writing by the Acenda Issuer to enable the Acenda Issuer to comply with its obligations under Applicable Law (including, without limitation, Part 7.8A of the Corporations Act).
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4.5 Remuneration following termination
Clause Before 1 July 2025 From July 1 2025 4.5 You will be entitled to continue to receive remuneration for three months following termination of this agreement pursuant to clause 5.1(a), except: (a) where this agreement is replaced with a similar agreement dealing with the subject matter of this agreement, in which case the replacement agreement will govern the payment of remuneration; and (b) where you are not entitled to remuneration pursuant to clause 4.4, in which case remuneration will cease on the occurrence of the relevant event. (a) You will be entitled to continue to receive remuneration following termination of this agreement by us pursuant to clause 5.1(a), except:
(i) where this agreement is replaced with an agreement that deals with the subject matter of this agreement, in which case the replacement agreement will govern the payment of remuneration; or
(ii) where you are not entitled to remuneration pursuant to clause 4.4, in which case remuneration will cease on the occurrence of the relevant event.
(b) All debts must be paid before the effective date of termination of this agreement.
(c) If at the date of termination any Debt remains outstanding. we may, without prejudice to any other rights or remedies available, and at our sole discretion:
(i) exercise our rights pursuant to clause 4.3(b);
(ii) request the return of that amount to the relevant Acenda Issuer or Acenda Payer to be paid within 30 days of demand; or
(iii) reserve the right to decline any assignment or transfer of the servicing rights of relevant policies (including pursuant to clauses 3.2(g), (h) or (j)) until the debt has been paid.
(d) The parties agree that any amount owed constitutes a liquidated debt and is recoverable as such.
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5.1 Termination details
Clause Before 1 July 2025 From 1 July 2025 5.1 (a) You or we may terminate this agreement on the giving of 30 days’ written notice to the other.
(b) This agreement will terminate on the date that the MLC Life Insurance Payer ceases paying you remuneration in accordance with clause 4.4(a)(4).
(a) You or we may terminate this agreement on the giving of 30 days’ written notice to the other.
(b) This agreement will terminate on the date that the Acenda Payer ceases paying you remuneration in accordance with clause 4.4(a).
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5.3 Accrued rights and steps after termination
Clause Before 1 July 2025 From 1 July 2025 5.3 (c) Clauses 2, 3.1(f), 3.1(g), 3.5, 4.3, 4.4, 4.5, 5.3, 7.5, 7.6 and 7.11 survive termination of this agreement. (a) Clauses 2, 3.1(c), 3.1(f), 3.1(g), 3.5, 4.1, 4.2, 4.3, 4.4, 4.5, 5.3, 7.5, 7.6, 7.7 , 7.8 and 7.11 survive termination of this agreement. -
7.5 Confidentiality
Clause Before 1 July 2025 From 1 July 2025 7.5 Except to the extent required by law, as otherwise required by this agreement, or for the purposes of obtaining professional advice, each party agrees not to disclose information provided to them by any the other party information provided to them by any the other party under this agreement that is not publicly available. MLC Life Insurance is permitted to share with NULIS Nominees (Australia) Limited, information provided by you to us under clause 3.2(aa). Each party agrees not to disclose information provided to them by any other party under this agreement that is not publicly available, except in the following circumstances:
a. Acenda is permitted to share with Equity Trustees Superannuation Limited any information provided by you to us pursuant to clause 3.2(aa);
b. the parties may disclose commission-related information to each other and to the Representative, who is the nominated servicing adviser on an Acenda Product within our policy administration system records, to the extent that information relates to policies for which that representative was recorded as the nominated adviser during the relevant period;
c. for the purpose of obtaining professional advice; or
d. to the extent required by law; and
e. as otherwise required by this agreement.
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7.8 Notices
Clause Before 1 July 2025 From 1 July 2025 7.8 All notices and other communications in connection with this agreement must be in writing and: (a) if given by us, be posted on the Website, sent by post, facsimile or e-mail (chosen at our sole discretion) to the last known address we have for you; (b) if given by you, marked to the attention of MLC Life Adviser Servicing, and signed by an authorised signatory. Communications take effect from the time they are posted on the Website, or received, unless a later time is specified. If sent by post, they are taken to be received three Business Days after posting. If sent by facsimile, they are taken to have been received at the time of dispatch if the sender receives a transmission report confirming that the facsimile was sent in its entirety to the recipient. If sent by email, they are taken to be received on the day the email is delivered to the recipient. All notices and other communications in connection with this agreement must be in writing and: (a) if given by us, be posted on the Website, sent by post or e-mail (chosen at our sole discretion) to the last known address we have for you; (b) if given by you, marked to the attention of Acenda Adviser Servicing, and signed by an authorised signatory. Communications take effect from the time they are posted on the Website, or received, unless a later time is specified. If sent by post, they are taken to be received three Business Days after posting. If sent by email, they are taken to be received on the day the email is delivered to the recipient.
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