OPINION: Wholesale investor regime no loophole
The (Financial Markets Conduct Act) FMCA, which contains the wholesale investor exemptions is drafted by the government. The Financial Markets Authority (the FMA) oversees and monitors it for compliance.
It is unlikely that as a regulator, the FMA holds the view that being rich means an investor is smart.
The wholesale investor regime is not about benefitting the ‘clever’ per se, rather it’s based on the common underlying premise in financial regulation that wealthy and experienced investors are better placed to assess (relative to retail investors) the merits and risks of an investment, thereby requiring less disclosure and that they are also sophisticated enough to seek further information from their professional advisers when required.
Is the wholesale investor regime under the FMCA “loose”?
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