Volatile markets put compliance to the test
Market corrections this year may expose inadequacies in the financial services’ compliance system, particularly in the critical area of investor protection, according to former Perpetual Trustees managing director Graham Bradley.
While financial advisers would appear to be protected by the compliance regime, there was a question mark over the protection it offered to investors, Bradley said.
“It would seem to an outside observer that advisers who follow procedures and maintain the right paperwork and provide the right boilerplate template are fairly well protected.
“But are investors really well informed? And is their money better protected?”
He said the strength of regulatory changes made so far in the sector had “not been fully tested, but I fear it will be very soon, and found wanting”.
“While buoyant markets in recent times mean that industry participants have been dealing from a position of strength, this year is likely to be very different.”
Bradley said there appears to be a need for the financial services industry to ensure their interests are realigned with the interests of investors.
“A priority is to ensure genuine transparency in the sector, not boilerplate disclosure, particularly about risk and risk management.
“Entrenched self-serving practices and attitudes that continue to provide high fees or commissions for managers and advisers are particularly difficult to justify when investors are suffering losses.”
Recommended for you
ASIC has cancelled a Sydney AFSL for failing to pay a $64,000 AFCA determination related to inappropriate advice, which then had to be paid by the CSLR.
A former Brisbane financial adviser has been charged with 26 counts of dishonest conduct regarding a failure to disclose he would receive substantial commission payments for investments.
Inefficient data processes and systems mean advisers are spending over half of their time on product implementation and administration at the expense of clients, according to research.
With the regulator announcing its enforcement focus for 2025 last week, law firm Hall & Wilcox examines the areas which have dropped down the list in priority for the regulator.