Law of Investments and Financial Markets

Book excerpt: Law of Investments and Financial Markets examines the various areas of law that impact on investors and those working in industries associated with investment products. It covers Chapter 7 of the Corporations Act 2001 (Cth) and the requirements associated with licensing including the legal obligations and compliance requirements of licensees and their representatives, disclosure, dispute resolution and investor protection. This edition includes discussion of the latest amendments and reform process, as well as relevant regulatory guides and recent case law. Various forms of investment are considered, including financial services and products, managed investments, real property and direct investments into companies. The main sources of law relating to these areas of study include: legislation such as the Corporations Act 2001 (Cth); the Australian Securities and Investments Commission Act 2001 (Cth); the Competition and Consumer Act 2010 (Cth); the common law, including fiduciary duties as well as contract law and the tort of negligence; and administrative actions, by the Australian Securities and Investments Commission (ASIC) and the Australian Taxation Office (ATO) through regulatory guides and rulings. This book provides most of the guidance that a serious investor may need on how the current law impacts on their particular investments. It is also designed to assist investment advisers to quickly and accurately find the appropriate law that relates to their requirements. Tertiary students of financial planning and finance law, as well as financial planners, accountants and lawyers practising in investment law will also find the book useful.