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It's time to afford our investors some proper protection

In the second of our series of guest columns by leading lights in the financial services industry, GEORG MIKULA, executive director of Guardbank Management Corporation, looks at the regulation of financial advisers

DHAMANIKA Amukotuwa, the principal legal officer of the Australian Securities Commission, received me with great warmth in her 22nd floor office overlooking Melbourne.

We discussed the licensing of financial advisers, a subject of heated public debate in Australia and here.

Mainly in response to public criticism of the standard of investment advice, the commission decided in 1994 to review its requirements. It stated as its objective "to promote efficiency, honesty and fairness in investment advice by improving the quality of advisory services in Australia", and gave as the three key components of the Review:

  • Investors' rights (education and complaints resolution mechanisms);
  • Competence of advisers; and
  • Integrity of advisers; In its various research projects, the commission established that there was a strong need for investor protection. It fully realised that extensive regulation would be unnecessary if market forces could eliminate dishonest and incompetent advisers. This, however, was a pipedream.

    It found that the major problem areas were:

  • Inadequate investor information and an imbalance of knowledge between advisers and investors;
  • Difficulties in ascertaining the quality of an investment advisory service because of the long-term nature of investments;
  • Conflicts of interest between investor and adviser; and
  • Understanding of markets and technical complexities.

    The commission believes that regulation will improve the advisory process significantly. It accordingly made some key proposals:

  • Set minimum standards of personal competence for all advisers, including clear training and supervision guidelines.
  • Introduce an advisory service guide for investors.
  • Investment advisers are to enumerate the risks involved in their recommendations.
  • Establish a national investor liaison committee - consisting of investor organisations which will influence standards and regulations.

    As the commission licences all distributors, the Australian investment-advice licensee has to listen carefully to the commission. As a result, the intermediary is striving to become an investment professional and I was impressed with the calibre of advisers I met. I am told that "fly-by-nights" have largely disappeared.

    Just how serious Australia takes the responsibility of the intermediary to give good advice is demonstrated by a recent court case, where an adviser was convicted of not adequately explaining the risks in a particular proposal he made.

    As the unit-trust industry grows in leaps and bounds, I wonder if our SA intermediaries are adequately prepared, and controlled, to give good advice - especially to a public less sophisticated than the Australians. Good professional advice lies at the heart of the financial business and we as the "manufacturers" of the financial products have a grave responsibility to ensure it is provided. I feel that at present investors equate good advice with picking short-term performers.

    What it should be is this: Providing relevant and correct financial solutions using a disciplined process based on skills and knowledge.

    Judging from my personal observations I believe that generally the Australians get closer to this ideal than we do in South Africa. Top of page

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