Writing financial content can mean walking a fine line. You want to sound confident without overpromising. Clear without giving advice. Informative without crossing into personal recommendation territory.
Whether you’re producing website copy, blog articles, white papers or investor updates, the key to compliant copywriting is knowing what you can say, how you should say it and where disclaimers are absolutely non-negotiable.
Below are top tips to help you stay compliant while still creating useful, engaging content.
Jump to:
- Disclaimers and Where to Put Them
- Using Past Performance Carefully
- Avoiding Advice and Suitability Language
- Recognising Implicit Claims
- Footers, Sources and Presentation
- Clarify What You Are (and Aren’t)
- Think Like ASIC, Think Like Your Audience
Disclaimers and Where to Put Them
If your marketing copy includes anything that could be interpreted as advice, a guarantee or a performance promise, you need a disclaimer.
And it’s not enough to stick one in the footer. The disclaimer needs to be easily viewable by the reader. Here’s how:
- Place it directly next to the claim
- Match the font size and contrast with surrounding content (sorry — no fine print)
- Avoid hiding it in a footnote or linking it to a separate page
ASIC’s RG 234 says disclaimers must be visible and understood at the same time as the claim they qualify.
Wrong: “Enjoy stable returns.*” See full disclaimer on page 6.
Right: “Enjoy stable returns.” Returns are not guaranteed. Please seek independent advice.
Using Past Performance Carefully
If you include performance data — even average annualised returns — you need to qualify it clearly.
That means stating:
- Past performance is not a reliable indicator of future results
- The timeframe and source of the data
- That individual results will vary
Phrases like “up to”, “average” or “from” don’t protect you. If a reader sees a figure, ASIC’s position is that they’ll expect that result. A disclaimer is required every time.
Avoiding Advice and Suitability Language
Statements like “a great strategy for most investors” or “an ideal option for your super” can cross the line into personal advice.
If you’re not licensed to provide financial advice:
- Don’t imply a product or strategy is suitable
- Avoid language that tells readers what they should do
- Use phrases like “general information only” or “seek independent advice”
Don’t just rely on one disclaimer at the start of your document. Repeat it where needed.
Recognising Implicit Claims
Some phrases might seem harmless but create false expectations or imply guarantees. Words like “safe”, “stable”, “trusted” or “secure” need to be used with care.
ASIC expects you to view the content from the audience’s perspective. If a reasonable consumer would interpret a phrase as a promise, it’s likely non-compliant.
Before publishing, ask: could this be misunderstood as advice, a guarantee or a recommendation?
If the answer is even “maybe”, either rewrite or qualify it. Need help rewriting your existing content? Get in touch.
Footers, Sources and Presentation
Compliance isn’t just about language — it’s also about how your content is presented.
- Always number your pages in downloadable documents
- Include full citations for all statistics, research or third-party data
- Use consistent headers or footers with disclaimers if relevant
- Avoid vague sources like “industry reports” — cite the name, year and publisher
Example:
“Data sourced from Chant West, ‘Australian Superannuation Returns Report’, December 2023.”
This protects you and keeps regulators happy. It also adds credibility, so you’re not just appeasing ASIC but bolstering the trust your audience has for you.
Clarify What You Are and Aren’t
In longer content like white papers or brochures, clearly introduce your company and your role early in the piece.
Something like:
“This content is provided by [Company Name], specialists in [area]. We are not licensed to provide personal financial or taxation advice.”
This reinforces your authority while setting clear boundaries, both incredibly valuable benefits in the finance industry.
Think Like ASIC, Think Like Your Audience
Compliance isn’t about playing it safe. It’s about being clear, accurate and transparent.
ASIC guidance often comes down to this: if something could be misinterpreted, then it’s probably not compliant. Avoid assumptions that readers will “get what you mean.”
Review every claim, stat or phrase with this mindset:
“Would this create a false expectation for someone who isn’t familiar with the detail?”
If so, fix it.
Summary: Keeping Your Financial Services Website Compliant
| Tip | Summary | Applying it to your website |
|---|---|---|
| Disclaimers and Placement | Place disclaimers directly next to claims in the same font and size | Avoid hiding in footnotes or separate pages. Use prominent contrast for readability. |
| Using Past Performance Carefully | Clearly state past performance isn’t a guarantee of future results | Include timeframes, sources and disclaimers with any quoted figures or metrics |
| Avoiding Advice or Suitability Claims | Don’t imply what someone should do or that a strategy suits everyone | Use “general information only” and “seek independent advice” throughout |
| Implicit Claims | Watch for phrases like “safe”, “trusted” or “stable” that may mislead | Even non-numerical phrases can trigger ASIC scrutiny if they imply certainty |
| Presentation and Footers | Use page numbers, cite sources, repeat disclaimers where needed | Consistent headers/footers in PDFs help demonstrate completeness and intent |
| Clarify Your Role | Introduce your business clearly, and define what you are and are not | State if you’re not licensed to provide personal financial or tax advice |
| Think Like the Reader | If something could be misinterpreted, it probably will be | Always ask: “What would a reasonable person assume from this sentence or claim?” |
Need to get your finance content right — and compliant?
I’ve spent over 10 years writing for brokers, investment firms and financial professionals across Australia. Before that, I was a mortgage broker and commercial lender — so I understand both sides: marketing and compliance.
Whether you need website content, blog articles or a fully compliant white paper, I’ll help you write content that earns trust without triggering compliance headaches.
Contact me here and let’s get it sorted.