Asic Regulation on Product Disclosure Case Study

Finally, a disclosure should highlight critical, information. These may include information, on benefits and risks (ASIC 2011b, p. 11-25).

They are consistent with ASIC own disclosure principles because all of them are made to shield the concern of the issuer and the potential customer who wants to buy the products. The regulation on outlining fees and cost for multiple products for instance is consistent with the good principle on disclosure of all the pertinent information by the issuers. This is also consistent with the principle on the omission of prescribed information. There are close ties between the ASIC Regulation principles, and their own Good Disclosure Principles.

In addition, the principles like the RG are used for PDSs for investment products (97.56) requiring the issuer to split fee disclosure in case of a contributory mortgage (like general and specific fee). The principle advises that all the fee information required should be set out in the supplement copy of the PDS. This makes it in line with the third principle demands the disclosure be structured in a way that promotes understanding (RG 168.71). When a customer reads the information in the supplementary, it will create an understanding. This is because the information will be complete, making the regulation again consistent with the second principle (RG 168.64), which guides that a disclosure should be complete and relevant to the customer.

The relevant parts of Product Disclosure Statement that comply with the Regulatory Guide (RG) key principles in Question 1 include the part of Investments and risk. This is because it complies with the principle addressing the products with more than a single balance investment option.In the PDS, both the risks and the investment benefits of investing in the fund are outlined. The second part of the PDS that complies with the Regulatory Guide (RG) key principles is the part on fees and costs. In this part, the PDS outlines the fees of the product that is paid to the issuer of the fund. No omission is made in line with RG 97.28, which argues that no circumstance warrants the omission of the prescribed information from the fees and costs template. The third part of the PDS that complies with the Regulatory Guide (RG) key principles is the part on account management. This is because it provides information on how one can manage his account, and access information on the investment made (Colonial First State Investments Limited 2012, p. 17).

Conclusion

It is evident that the Regulatory Guide (RG) key principles and the Good Principles of ASIC are well interconnected. The Regulatory principles have borrowed much from the Good principles of ASIC. In addition, it is also evident that the PDS of the fund has been constructed well after considering ASIC Guiding Principles.

Bibliography

ASIC, 2011a, Regulatory Guide 168, Disclosure: Product Disclosure Statements (and other disclosure obligations. October 2011.pp 1-46. Pdf

ASIC, 2011b, Regulatory Guide 97, Disclosing fees and costs in PDSs….....