Financial Standard vol19 i13

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www.financialstandard.com.au

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AustralianSuper, IFM

Financial crime

FSU, Hostplus

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Anthony Doyle Fidelity

Fixed income

Neil Younger Fortnum Private Wealth

News:

Opinion:

ASIC plays catch-up on crypto investing Elizabeth McArthur

SIC consulting on crypto-asset based exA change traded products is a move that could see Australians access a whole new world of cryptocurrency investments, but some stakeholders are concerned it could be too little, too late. The regulator is grappling with the same questions facing jurisdictions all over the world. Recently, the US Securities and Exchange Commission hit pause on a VanEck Bitcoin ETF being able to list on the Cboe BZX Exchange. And, in the UK, the Financial Conduct Authority banned the world’s largest crypto exchange, Binance, because it was not satisfied it was doing enough to comply with anti-money laundering laws. RMIT senior research fellow Chris Berg explains Australia is “in the middle of the pack” when it comes to regulating crypto - not hostile to crypto like China, but not as open as parts of the US or Singapore, where the Monetary Authority of Singapore regulates the crypto industry, ensuring safekeeping of assets. As it stands, ASIC only regulates cryptocurrency to the extent it crosses over with financial products. Outside of that, regulation is up to the government. BetaShares’ chief executive Alex Vynokur was quick to welcome news of ASIC’s consultation. “We agree with ASIC’s view that there is real risk of harm to consumers if these products are not developed and operated properly,” he says. “We also believe there is a significant risk of harm to Australian consumers who may be obtaining access to crypto-assets directly through exchanges that are not a licensed market operator.” MH Carnegie & Co founder Mark Carnegie agrees these are the consumers who face the most risk. The two crypto managed funds launched by his firm are regulated by ASIC, but only open to sophisticated investors. “What you’re creating is two classes of investors. Sophisticated investors who should know what they’re doing can get access to sophisticated investing crypto funds. By contrast, all these individuals who should have regulatory protections are pushed into investing in crypto native coins without regulatory constraints on them,” he says. “It’s an absolute catastrophe, because the people who need the most consumer protection are the ones that are getting the least.”

Berg points out that to protect those consumers currently buying through unregulated exchanges, the government would have to bring cryptocurrencies under the remit of financial regulators by altering the Corporations Act. “ASIC is a conservative Australian regulator… but the problem is not an ASIC problem, it’s a Parliamentary problem. Much of what we need in the blockchain and cryptocurrency space is legislative change, rather than just regulatory allowances,” Berg says. Carnegie has little hope this change will happen quickly though. “My concern [with the consultation] is whether this is actually going to be something that affects me, my children or my grandchildren. That is the speed with which they seem to be regulating an industry which is moving at the speed that crypto is. It feels to me they will always be regulating the last wave of crypto,” Carnegie says. Carnegie is concerned that, on a global scale, the market will evolve in a way that makes Australia irrelevant, and Berg agrees. “This is an incredibly innovative area. We have lots of young startups, looking for places to base themselves, looking for where they can develop exciting products, and give their staff high quality lifestyles, and Australia can and should be one of those places,” Berg says. “I know a number of firms and individual high quality blockchain developers who have moved out of Australia, predominantly because the regulatory environment isn’t that desirable, but I think we’ve got the opportunity to capture a lot of that back.” As for ETPs, Vynokur says ASIC is on the right track in setting the bar high for custodians. He wants to see Australian crypto ETPs only include a small subset of crypto assets that have liquidity, transparency and accurate price discovery. “In our view, only those with demonstrable global, institutional-grade capability in cryptoasset custody should be permitted to act as independent custodians of crypto-asset investment products,” he says. “Similarly, we believe that fund managers who seek to offer such investment products should be required to demonstrate a track record of risk management and organisational competency in managing retail investment products.” fs

12 July 2021 | Volume 19 Number 13 www.financialstandard.com.au 20 January 2020 | Volume 18 Number 01

Featurette:

Feature:

News:

Profile:

More advisers exit at FY end Karren Vergara

Chris Berg

senior research fellow RMIT

Some 450 financial advisers left the industry in the last month of the financial year, taking the total population to 19,544, latest ASIC data shows. As at July 1, AMP Financial Planning finished the financial year with 690 advisers, while The SMSF Advisers Network (SAN) had 669 representatives at the end of the period, Rainmaker modelling of ASIC’s Financial Adviser Register shows. Morgans Financial (470), Synchronised Business Services (434), Charter Financial Planning (421) and Consultum Financial Planning (383) were included in the top 10 largest licensees. Consultum is part of the newly merged IOOF group. It comprises brands like TenFifty (previously Meritum Financial Group, GWM Adviser Services and Apogee Financial Planning) and Godfrey Pembroke, which were part of MLC. Other IOOF-owned licences ended the period with the following figures: RI Advice (264), Millennium3 (242), Lonsdale (119) and Shadforth Financial Group (137) and Bridges Financial Continued on page 4

Trustees warned over advice fees The regulators issued a firm reminder to trustees and financial advisers to heed the new law that limits the charges on superannuation advice. From July 1, trustees and financial advisers must have the proper processes and systems in place to meet the new regulation. On 2 March 2021, the Advice Fees and Independence Act received Royal Assent, limiting the advice fee deductions from superannuation accounts as recommended by the Hayne Royal Commission. Recommendation 3.3 sought to prohibit the deduction of advice fees (other than for intrafund advice) from superannuation accounts in an effort to provide better protections for members against paying fees for no service. In recommendation 3.2, Commissioner Hayne suggested removing the ability for superannuation trustees to deduct advice fees (other than for intra-fund advice) from a MySuper product because it is a simple product with basic Continued on page 4


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