[Page 1] || [Page 2] || [Page 3] || [Page 4]

 
From the Minister of Commerce Hon Pete Hodgson cont ...

market manipulation as well as with the disclosure regime for investment advisors. It should complete its passage through the House later this year.

Also on the agenda is a review of the Securities Act 1978. It will focus on the disclosure regime for public offerings and the supervision and regulation of collective investment schemes, and financial intermediaries.

The Task Force on the Regulation of Financial Intermediaries is due to report back in June. This follows a consultation exercise and I await its findings with interest.

Much good work is also being done to progress the Single Economic Market with Australia, particularly in the areas of Mutual Recognition of Securities Offerings and the Memorandum of Understanding on Business Law Coordination. It's also pleasing to see recent trans-Tasman cross-appointments such as those across the Takeovers Panel and Accounting Standards Review Board.

I'd also like to congratulate Jane Diplock on her election as Chair of the Executive Committee of the International Organisation of Securities Commissions (IOSCO). New Zealand benefits from such close associations with prominent bodies such as this and the Australian Securities and Investments Commission (ASIC).

I also support the Securities Commission's investor education work. This is an important defence against fraud, dubious share offers and other get rich quick schemes.

The robustness and smooth workings of the financial system are important to both New Zealand and this government. I'm pleased to be involved with the many people that are working hard to strengthen that system for the good of New Zealand.

 

 

 

 

 

 

 

 

 

Commission Members reappointed

Cathy Quinn.

Commerce Minister Pete Hodgson has re-appointed Colin Beyer and Cathy Quinn to the Securities Commission for second terms of five years from February 2005.

Cathy Quinn is a commercial corporate partner of Minter Ellison Rudd Watts. A leading lawyer in the fi eld of securities and corporate governance, she co-authored Morison's Company and Securities Law. Ms Quinn was appointed as a member of the sub-committee on securities law issues following the inaugural Australia New Zealand Leadership Forum
which was held in May 2004.

Colin Beyer.

As a lawyer practising in Wellington for more than 40 years, including 10 years as partner in Simpson Grierson, Colin Beyer has specialised in company, commercial and mining law. In 2003 he retired from Simpson Grierson but remains a consultant to the firm.

He has considerable private sector governance experience including six years as Chairman of ACC, 10 years as Chairman of Tower Corporation and subsequently five years as Chairman of Tower Limited, as well as directorships of Capital Power Limited and
Trustpower Limited. He is Chairman
of Capital Properties New Zealand
Limited.

Compliance by banks with securities laws

The Commission recently published a report on compliance by registered banks with the securities law requirement to provide investment statements.

The investment statement gives important information such as the interest rate and whether that may change, the minimum term of the investment, and any penalties for early withdrawal. Investors must be given an investment statement before they subscribe for debt securities. Term deposits offered by banks are debt securities under the Securities Act 1978.

The Commission found that most banks were aware of this requirement, and had adequate processes to ensure compliance. Some banks noted areas where their compliance systems could be improved, and advised they would take the necessary steps to do so. One bank did not have an investment statement for its term investment products but has given the Commission a written undertaking that future offers of term investments will comply with the law.

The Commission's inquiry began after two banks were found to be using coupon advertisements which enabled investors to subscribe for term investments without first receiving an investment statement. The Commission accepted written undertakings from those banks.

The Commission consulted the Reserve Bank on the review. The enforceable undertakings accepted by the Commission are published on the Commission's website.


2

THE BULLETIN April 2005

[Page 1] || [Page 2] || [Page 3] || [Page 4]


[Securities Commission Home page] | [Bulletin index page]