Australia’s financial market watchdog has uncovered significant compliance failures across the managed investment sector, with responsible entities overseeing nearly $1 trillion in assets failing to maintain adequate oversight plans.
$1 Trillion Fund Industry Fails Basic Compliance Tests
The Australian Securities and Investments Commission (ASIC) examined 50 compliance plans covering 1,471 funds and discovered widespread deficiencies in how fund managers address key regulatory requirements. The review encompassed entities managing 45% of all registered managed funds, representing 47% of the sector’s approximately $2 trillion in total assets.
The examination revealed that most compliance plans inadequately addressed three crucial regulatory areas: design and distribution obligations, internal dispute resolution procedures, and reportable situations requirements. These frameworks, introduced or enhanced in October 2021, form the backbone of investor protection measures.
ASIC Commissioner Alan Kirkland highlighted the severity of the findings, noting that some plans completely failed to address design and distribution obligations. This suggests certain entities have not meaningfully updated their compliance frameworks since the new requirements took effect nearly four years ago.
“These plans set out how responsible entities comply with the law, yet many plans we reviewed failed to adequately set out compliance with important regulatory obligations. Failing to plan is planning to fail,” Kirkland commented.
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Widespread Compliance Gaps
The regulator found that treatment of design and distribution obligations showed the poorest compliance among the three regulatory areas examined, followed by internal dispute resolution requirements. Some entities had incorrectly relied on compliance plans from different responsible entities, leaving their funds without substantive oversight frameworks.
ASIC has initiated direct communication with several responsible entities regarding compliance plan deficiencies and launched investigations into potential legal violations. The regulator emphasized that existing guidance has been available to help entities maintain adequate compliance plans, making the scale of poor practice inexcusable.
The findings raise broader concerns about governance arrangements within the managed investment industry. Compliance plans serve as documented references for fund operators, staff, auditors, and regulators to ensure adherence to legal obligations under the Corporations Act 2001.
Investor Protection at Risk
The compliance failures potentially expose retail investors to harm, as these plans are designed to protect fund members through systematic identification and management of regulatory obligations. When compliance plans prove inadequate or poorly implemented, investors lose the full range of intended protections under corporate law.
ASIC has called for swift remediation of identified gaps and inadequacies across the industry. The regulator plans continued monitoring of compliance plan quality beyond the specific obligations examined in this review.
“We will continue to monitor the quality of compliance plans going forward. This review will not be limited to the obligations we examined in our recent surveillance,” Kirkland said.
The managed investment sector oversees retirement savings and investment portfolios for millions of Australians, making effective compliance and oversight critical for financial system stability and investor confidence.
This article was written by Damian Chmiel at www.financemagnates.com.RegulationRead More
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