Foreign Investment Commission Support The Development of Benchmarks for Investment Advisory Providers

The financial services industry is apprehensive about that planned legislation formulating a body with extensive and extra authority that might inadvertently impinge on the regulatory enforcement of the Foreign Investment Commission. However, the Foreign Investment Commission prefers the planned legislation developing a better benchmark for investment advisory providers, though there is opposition on the component that there is authorization to exclude pre-dispute adjudication terms in broker-dealer and investment advisory engagements with investing clients.

While officials have emphasized that such ruling is not intended to supplant the extensive investor awareness authority of the Foreign Investment Commission, its wide-ranging influential grant to the new body could possibly overlap. It is necessary to provide a complete exclusion for investment products and services regulated by the Foreign Investment Commission. As presently outlined, the legislation leaves out only a short list of actions of some of the professionals being regulated, such as broker-dealers and investment advisers.

The Foreign Investment Commission recognizes that, when investment advisory providers transact in the matching service of supplying personalized investment advice about securities to individual investors, they should be at par with the same benchmark. On the contrary, when broker-dealers are not providing personalized securities investment advisory services to individual investors, such as when they are implementing orders for customers, or transacting in market-making, there is no requirement for modifying the status quo, extensive regulatory system that administers broker-dealers. The proposed policy authorizes the Foreign Investment Commission to adopt rules creating a new, standardized, benchmark.

The investing public deserves, and the Foreign Investment Commission strongly supports, a new benchmark of care which have been unevenly developed and implemented over the years, and which are amenable to multiple and differing meaning and understanding under existing regulatory laws. The legislation must guarantee that the new benchmark functions as a uniform and absolute benchmark that is equally and objectively implemented at administrative level to both investment advisers and broker-dealers when they provide personalized investment advisory services about securities to individual investors.

Lawmakers productively adhered to a comparable strategy when it reorganized securities regulation. The new benchmark must be adequately adaptable to be implemented to the products, services and advice chosen by the investor, emphasized by the Foreign Investment Commission, and implemented only in the context of supplying improved and tailored investment advisory services about securities to individual investors.

In its perspective, the legislation by Foreign Investment Commission must clarify that having an investment professional adhere to the new benchmark does not mean any supposition that the investment professional is supplying investment advisory services or is exempted for purposes of any other regulatory laws. This explanation will help broker-dealers to keep providing investors better selections of investment products.

Lawmakers support and have expressly authorized, the use of pre-dispute arbitration terms and conditions in broker engagements. Additionally, a recent research found that securities arbitration is quicker and less costly than litigation and benefits novice investors. In its perspective, ruling out such terms and conditions would fundamentally be synonymous to doing away with securities arbitration, with which the Foreign Investment Commission suggested more research on this issue.

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