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Assurance Letter for Australia

Assurance Letter Template for Australia

An Assurance Letter is a formal written document under Australian law that provides specific confirmations, warranties, or undertakings from one party to another. It serves as a legally binding commitment that certain statements, conditions, or obligations are true or will be met. The document is governed by Australian federal and state laws, including the Competition and Consumer Act 2010 and relevant state-specific legislation. It typically includes specific representations, the basis for these representations, any qualifications or limitations, and details about reliance and confidentiality.

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What is a Assurance Letter?

The Assurance Letter is a crucial document in Australian business practice, commonly used when formal written confirmations or undertakings are required between parties. It serves multiple purposes, including confirming compliance with regulatory requirements, providing comfort to stakeholders in transactions, or making specific representations about business conditions or circumstances. This document type is particularly relevant in contexts where one party needs to rely on specific confirmations from another, such as in corporate transactions, regulatory submissions, or financial arrangements. The Assurance Letter must comply with Australian legal requirements, including those related to misleading and deceptive conduct under the Competition and Consumer Act 2010 and relevant state legislation. It often contains careful qualifications and limitations to ensure accuracy and appropriate scope of the assurances provided.

What sections should be included in a Assurance Letter?

1. Letterhead and Date: Official letterhead of the issuing organization and current date

2. Recipient Details: Full name, title, and address of the recipient

3. Subject Line: Clear identification of the letter's purpose and any reference numbers

4. Context and Background: Brief explanation of the circumstances leading to the assurance letter

5. Purpose Statement: Clear statement of the letter's objective and scope

6. Specific Assurances: Detailed listing of the specific assurances, confirmations, or undertakings being provided

7. Basis of Assertions: Explanation of the basis upon which the assurances are given

8. Duration of Assurance: Time period for which the assurances remain valid

9. Signature Block: Authorized signatory details, title, and execution space

What sections are optional to include in a Assurance Letter?

1. Qualifications and Limitations: Any limitations, exceptions, or qualifications to the assurances given - include when there are specific exclusions or conditions

2. Reliance Provisions: Specifications about who may rely on the assurance - include when the letter may be shown to or relied upon by third parties

3. Confidentiality Statement: Provisions regarding the confidentiality of the letter - include when the information is sensitive or confidential

4. Governing Law Statement: Specification of governing law - include when there are cross-jurisdictional implications

5. Professional Standards Reference: Reference to relevant professional standards or guidelines - include when issued by professional services firms

6. Contact Information: Details for follow-up queries - include when ongoing communication may be necessary

What schedules should be included in a Assurance Letter?

1. Supporting Documentation: Copies of relevant certificates, licenses, or other evidence supporting the assurances given

2. Authority Documentation: Evidence of the signatory's authority to provide the assurances (e.g., board resolutions, powers of attorney)

3. Referenced Documents: Copies of any documents specifically referenced in the assurance letter

4. Verification Documents: Any third-party verifications or confirmations that support the assurances

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Service Letter

Sector

Cost

Free to use
Relevant legal definitions

















Clauses















Relevant Industries

Financial Services

Professional Services

Legal Services

Banking

Insurance

Real Estate

Construction

Manufacturing

Technology

Healthcare

Education

Government

Mining

Energy

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Finance

Corporate Secretariat

Audit

Executive Leadership

Board

Operations

Corporate Affairs

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Compliance Officer

Risk Manager

Director

Managing Director

Partner

Senior Manager

Audit Manager

Financial Controller

Board Member

General Counsel

Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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