Retail
Safety net
Presumed to have limited capacity to absorb loss or interrogate complex products. The regime is paternalistic by design — the burden of suitability, disclosure and conduct sits with the provider.
Self-reliance expectedLow
Statutory protectionMaximal
- No capital or wealth threshold — the universal default category
- Confined largely to disclosed, regulated public-market products
- Full external redress and last-resort compensation
Wholesale
Caveat emptor
Presumed financially sophisticated or able to bear loss. Gains entry to private markets and complex products, but carries the due-diligence burden and forgoes the statutory safety net.
Self-reliance expectedHigh
Statutory protectionMinimal
- Must satisfy a capital, income, status or experience test
- Access to unregistered schemes, private credit & placements
- Remedies via the courts and general law only
Becoming wholesale
Satisfy any one test (s 761G & s 761GA). Figures are unchanged since 2001 — the Parliamentary Joint Committee declined to raise them in its February 2025 report.
Product values 761G(7)(a)
≥ $500,000
Price or value of the financial product. Excludes superannuation and risk-insurance products.
Individual wealths 761G(7)(c)
$2.5M net assets or $250k income
Net assets of at least $2.5M, or gross income of at least $250,000 in each of the last two financial years.
Professional investors 9 / s 761G(7)(d)
Controls ≥ $10M
AFSL holders, APRA-regulated bodies, listed entities, and persons controlling $10M or more in assets.
Large businesss 761G(7)(b)
≥ 20 / 100 staff
Not a small business: 20+ employees, or 100+ where the business includes manufacturing goods.
Sophisticated investors 761GA
Experience test
Licensee satisfied on reasonable grounds the client has the experience to assess the product; written statement required.
Accountant's certificate
The individual-wealth test is evidenced by a certificate from a qualified accountant. It is valid for two years and must be current when the client is classified. Assets/income of a controlled company or trust may be counted.
General law still applies
Even without Chapter 7 retail protections, wholesale clients retain general-law remedies — fiduciary duties, contract, and the misleading-or-deceptive-conduct prohibition under ASIC Act s 12DA. Self-reliance is not the absence of all recourse.