ANZ settlement implications for financial advisers
The Commerce Commission says it has now concluded its investigation and it will not be taking any legal action against individual advisers, advisory services or other parties arising out of its investigation.
It does however expect to issue compliance advice letters to advisers describing their obligations under the Fair Trading Act.
The Commission considered that the main concerns raised have been dealt with through a $45 million settlement with ANZ over the promotion of ING's Diversified Yield and Regular Income Funds.
The regulator found the promotion of the degree of investment risk in the ING funds was "misleading" and that there was sufficient evidence to pursue proceedings against both ING and ANZ for breaching the Fair Trading Act. The regulator decided against this course of action, saying the settlement was the best outcome for investors in the funds.
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