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Commission says diclosure needs to improve

Tuesday 26th of April 2005

“In particular the risks of the investment should be made clear to people who are considering investing with a finance company,” chairman Jane Diplock says.

The Commission has published its report on disclosure by finance companies, which follows a discussion paper released in September.

The report explains the commission’s expectations for disclosure by finance companies under the Securities Act and Securities Regulations.

“We have identified areas where disclosure by finance companies generally could be improved in order to comply with the law,” Diplock says.

“The report sets out the Commission’s understanding of certain aspects of the law and signals the approach that we intend to take in enforcement work”.

 Each finance company must determine how it interprets the disclosure required by law and how it assesses the matters raised in the Commission’s report.

The commission will review a sample of finance companies’ disclosure documents later this year. 

“If breaches of the law are found, we will raise these matters with the finance company concerned and if necessary take appropriate enforcement action,” Diplock says.

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Latest Comments
FMA outlines its latest expectations for advisers
Paul Flood: The danger is that the 'goalposts' (regarding what is acceptable or unacceptable adviser conduct) may be susceptible to change. Our 'Principles based' legal/regulatory environment lends itself to “prevalence-induced concept change” over time, perhaps not so much in the written laws and Code, as in the interpretation of the prescribed principles.
2 days ago Steve Wright
FMA outlines its latest expectations for advisers
Just a tip, if you use more than six, six letter words in a sentence you lose most Kiwi's. So avoid client/adviser confusion when writing your post or article if you would like it read and understood. Ironically, my last sentence was not likely read.
2 days ago Backstage
FMA outlines its latest expectations for advisers
All things said are great aspirational goals for a great financial advice industry, it mirrors what both the legislation and the code requires. However, like most things discussed it talks about what's expected not how it's done. The hardest aspect of financial advice today isn't what it is, it is how it is done. The how only comes from those that have done it, the how is only provided with examples. Guidance documents that spell out what's required along side how it it done. We’re still dealing with the same issues we started with in 2021, figuring out the how. And figuring out the how in every advice business is consuming resources that could easily be shortcut by the FMA demonstrating what they are expecting. It's not about “do it this way” its about this is the sorts of things we’re looking for. In the absence of standards and expectations, guesswork prevails. That represents significant risk to FAPs and the result is onerous overcooked advice processes for multiple advice operations and undercooked she’ll be right for single operators focused on getting the work done. Both approaches have potential for harm and as its been said earlier, leaves advisers open to explain they haven't been speeding with the authorities have pulled them over. The advice industry needs guidance on the how we know the what already.
4 days ago Jon-Paul Hale
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4 days ago Jon-Paul Hale
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To correct errors in my previous post: "policies, templates, and controls" should read "policies, processes, systems and controls", and "is more conductive" should read "is more conducive".
5 days ago Paul Flood