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Outlook > 2008 > April
Bill to boost confidence in financial advisers
FINANCIAL
advisers will be held to higher standards of competency, accountability
and disclosure and will operate under a co-regulatory arrangement
involving Approved Professional Bodies and the Securities Commission
under a New Zealand government Bill sent to the Finance and Expenditure
select committee.
The Financial Advisers Bill is part of the government's ongoing reform of the non-bank finance sector.
"Financial advisers provide an important service by giving savings and
investment advice which meets the needs of the individual and, in turn,
supports New Zealand's savings aspirations and financial markets
generally.
It is crucial that consumers are able to have confidence that their
financial adviser meets acceptable standards of competency and
accountability and can trust that their adviser has disclosed any
potential conflicts of interest. This Bill will help give people that
confidence," Commerce Minister Lianne Dalziel said.
The purposes of the Bill are to:
• require disclosure of financial advisers' conflicts of
interests, fees, and competency to ensure that members of the public
can make informed decisions about whether to use a financial adviser
and whether to follow a financial adviser's financial advice; and
• require competency of financial advisers to ensure that
financial advisers have the experience, expertise, and integrity to
match effectively a member of the public to a financial product that
best meets that person's need and risk profile; and
• ensure that financial advisers are held accountable for their actions.
The Bill proposes that financial advisers belong to an Approved
Professional Body (APB) which will act as frontline supervisor of their
activities, with oversight by the Securities Commission. The Bill
establishes a regime for the approval of APBs by the Commerce Minister
and provides enforcement powers for the Securities Commission and the
Courts, based on the existing provisions of the Securities Markets Act.
The Bill makes a clear distinction between those who advise and those
who provide information only and is not intended to capture the latter
group, Lianne Dalziel said. |