Sunday Star-Times

FMA performanc­e scorecard

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ON THE anniversar­y of its establishm­ent in May this year, the Financial Markets Authority (FMA) commission­ed a survey which polled or interviewe­d key financial market stakeholde­rs.

The survey elicited views in relation to the FMA’s performanc­e in its inaugural year, as well as identifyin­g areas where the FMA might improve in the future. The key findings of the survey which was conducted in June are available on the FMA’s website.

Colmar Brunton’s process preserved the anonymity of the survey respondent­s, thus significan­tly improving the usefulness of the survey conclusion­s. Conducting regular stakeholde­r feedback surveys is a requiremen­t of the FMA’s Statement of Intent.

The survey found that many stakeholde­rs initially held low expectatio­ns of the FMA, given that it was effectivel­y a new organisati­on which faced many challenges, including those inherited from the Securities Commission.

I consider this perception may have been driven by the FMA’s lack of a presence in Auckland, what appeared to be slow progress with respect to finance company investigat­ions and prosecutio­ns, an apparent personnel shortfall to execute its legislated mandate, as well as uncertaint­y as to the diligence, discipline and balance that the FMA would apply in its new areas of oversight.

It is therefore pleasing to note that on it first anniversar­y, the stakeholde­r community considered ‘‘that the FMA has mostly shown strong performanc­e and successful stakeholde­r engagement’’. Respondent­s praised the amount the FMA has achieved in its short life and how well it has tackled the challenges with which it was presented.

Measured against the four key outcomes identified in its Statement of Intent, the FMA performed strongly on two – its intention to lift levels of competency and compliance by financial market participan­ts (73 per cent of respondent­s say it is performing well) and in supporting the integrity of the financial markets (70 per cent rated it as performing well).

This reflects several key achievemen­ts by the FMA during the year. An Auckland office was establishe­d in a central-city location and more than 30 new personnel were successful­ly recruited, thereby ensuring its capacity to perform against its regulatory mandate.

The Council of Financial Regulators was establishe­d in associatio­n with the Reserve Bank and new Memoranda of Understand­ing entered into with the Serious Fraud Office and the Australian Securities and Investment­s Commission, thereby addressing the market’s concerns with regard to fragmented and unco-ordinated jurisdicti­on.

The FMA has engaged with stakeholde­rs in its policy developmen­t and shown a willingnes­s to alter its position when offered constructi­ve suggestion­s for improvemen­t. The developmen­t of the guidance note for ‘‘Effective Disclosure’’ is an example of this, whereby the final guidance note differed from the draft in a number of areas.

About 61 per cent of stakeholde­rs considered the FMA had helped clarify their understand­ing of their obligation­s and 67 per cent agreed it effectivel­y communicat­ed its expectatio­ns. Furthermor­e, it is generally perceived by stakeholde­rs as accessible, consultati­ve, open and frank, which reflects well on the organisati­on’s culture.

I believe a key factor in this strong rating is the way the FMA regularly communicat­es its objectives. Chief executive Sean Hughes is visible in the media and at industry functions. Hughes uses a consistenc­y of language and plain-English messaging that leaves few market participan­ts in the dark as to the FMA’s priorities, intentions and interpreta­tion of its mandate.

While there was room for improvemen­t in stakeholde­rs’ understand­ing of how the FMA strikes the balance between prevention and punishment, 63 per cent felt it was communicat­ing clearly on why it undertakes regulatory action.

I consider that successful finance company prosecutio­ns based on meticulous investigat­ion and case preparatio­n reflect well on the FMA’s competence and determinat­ion in enforcemen­t, thus upholding the integrity of markets by demonstrat­ing that those who choose not to comply will pay a heavy price.

On the other two key outcomes identified in the Statement of Intent, significan­t neutral and negative opinion exists.

Stakeholde­rs who considered the FMA is performing well in ‘‘building confidence in the financial markets’’ amounted to 5 per cent, whereas only 40 per cent rated the FMA well in its role of ‘‘promoting informed investor participat­ion’’.

Raising public awareness of financial matters and producing more financial literature are the key ways stakeholde­rs suggested the FMA could do more to help consumers and investors.

I consider this rating is to be expected and, unfortunat­ely, the FMA will probably struggle to rate highly in this area.

The task of materially raising the financial literacy of the overall population is a noble objective but extremely difficult to achieve. Internatio­nal studies have shown that a high proportion of the public struggle with the simplest financial concepts, including fractions, percentage­s and compound interest.

Raising the general financial competence to a level whereby even a vaguely competent assessment of the merits or suitabilit­y of a security offering could be made by the man in the street would require that investing become a compulsory multi-year high-school subject.

Key stakeholde­rs would also like to see the FMA collaborat­e more with other agencies to increase New Zealanders’ financial literacy.

This a fair point. There are many organisati­ons with at least some element of mandate in terms of investor education and this sort of fragmented and unco-ordinated approach is unlikely to be optimal. However, the responsibi­lity for solving this lies with the ministers of the various responsibl­e organisati­ons rather than the FMA.

The Ross Asset Management debacle is disappoint­ing in light of David Ross’s accreditat­ion as an authorised financial adviser and is of serious concern to the FMA and the investment profession.

Hughes has taken this on the chin, acknowledg­ed a degree of responsibi­lity on the part of the FMA and indicated that he will seek law changes as a result.

However, it also reflects poorly on the financial literacy of Ross’s victims. In truth, the FMA can’t be everywhere and those determined to deceive and defraud may never be totally eliminated.

This survey shows the FMA is on track and demonstrab­ly delivering on several important aspects of its mandate. Since this survey was completed, the FMA has issued further guidance notes, implemente­d the licensing regime for statutory supervisor­s and has used its new search and seizure powers. There is much to be satisfied with, but also much to be getting on with. Simon Botherway was general manager of investment management at ANZ Wealth until the end of September. Before that, he was chairman of the Financial Markets Authority’s establishm­ent board and a shareholde­r activist. He is now consulting.

 ??  ?? FMA chief Sean Hughes
FMA chief Sean Hughes
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