Enhancing the effectiveness of Investor Education - · PDF fileEnhancing the effectiveness of...

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© Securities Commission Malaysia Enhancing the effectiveness of Investor Education Sujatha Sekhar Naik Securities Commission Malaysia 13 14 December 2012 HKMA-SFC-OECD Asian Seminar

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Enhancing the effectiveness of Investor Education

Sujatha Sekhar Naik Securities Commission Malaysia

13 – 14 December 2012

HKMA-SFC-OECD Asian Seminar

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Post-Global Financial Crisis: Breakdown Of Key Pillars Of Investor Protection

Regulatory Discipline

Market Discipline

Self Discipline

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Poor corporate governance Unethical conduct/conflict Poor risk management Lack of transparency Poor disclosure & sales

practices

Inadequate oversight Regulatory gaps –

arbitrage, reach, Structural impediments Regulatory capacity &

resource Inadequate Education &

Awareness

• Information asymmetry • Education & Awareness gap • Failure of gatekeepers – Advisers, Auditors • Conflict issues undermined role of watchdogs- analysts, investor

associations, media etc

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A sound regulatory framework, as such, is not in itself sufficient….

The 3 pillars of

protection must be

rebalanced

Approach to investor education as a tool of protection needs rethinking…

Regulatory Discipline

Market Discipline

Self Discipline

Investors’ behaviour can undermine protection

Not matched by requisite understanding

Increased access to complex products

Unwillingness to take responsibility/accountability for investments

Accountability Unaccept-able levels of greed, apathy and naiveté

Human nature

Inadequate level of due diligence and unwillingness to access information

Due diligence

Indifference/ apathy in matching product to investment objective and risk profile at point of sale

Product suitability

assessment

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Scams continue to be a challenge: increasingly sophisticated, mimicking legitimate schemes

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Strategic Focus on Investor Education as a key Component of Protection

This is reflected in the continued strategic focus given to investor education in the governance Strategies

set out in the SC’s Capital Market Master Plan 2 (Issued in April 2011)

CMP 2 recognises the strategic importance of promoting investor education initiatives to enhance

investor sophistication and awareness of the capital market as well as exerting

market discipline

Investor education continues to play a key role in Securities Commission’s (SC) Statutory mandate of ensuring adequate investor protection

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Objective: Knowledgeable and Vigilant Investors

Widen financial literacy/capability

Empowered Investor A responsible industry

Schools

Rural / Blue Collar/ Housewives

Universities/ Workplace

Connectivity of education & conduct: - product development & delivery - Effective & responsible product

disclosure and sales practices - Responsible post sale care and

disclosure

Shareholder Activism Proactive & Participative Institutional Shareholders Continued targeted

engagement & education initiatives with Institutional Investors on their role & Closure of knowledge gaps

Continued training and improvement of skills of market intermediaries

Investing Public

- Retail,& Institutional

SC’s Investor Education Strategy

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BUY

SELL

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Rethinking our approach to protecting investors through investor education ….

Goals of investor education:

knowledgeable & vigilant investors -

IE as a tool to empower investors.

A more holistic approach is necessary –

delivering education through the whole eco-

system

Embedding investor education in other

regulatory functions

Enhancing investor advocacy –

improved channels of communication and

redress

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Knowledgeable & vigilant investor + sound & facilitative framework = empowered investor

To affect…

Self-discipline

Regulatory discipline

Market discipline

Regulatory Discipline

Self Discipline

Market Discipline

Aware

Able

Accountable

Action-oriented

Empowered Investor

Convenience is a key ingredient for a IEP tool to be effective

Choice Transparency Access Knowledge

/Skills Activism/ Advocacy

The eco-system can weaken or strengthen the empowerment of the investor

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Eco – system Facilitative to Investor Empowerment

Connectivity of conduct and education 8

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Investor Protection - Embedding IE At Point Of Need

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PRE SALE POINT OF SALE POST SALE

• Know-Your-Client requirements

• Ensure Product Suitability

• Product & Risk Information Disclosure

• Advertising Guidelines

• Competency of Representatives

• Conflict Of Interest

Continuous Disclosure

Connectivity of conduct and Investor Education

Deliver IE at point of need – to change the behavioural response to emotive impetus that leads to unwise investment decisions

Product Development & Delivery

Disclosure Monitoring

Update KYC Sales Practices /KYC Disclosures

Corporate Governance

• Disclosure

• Product Suitability

• Sales Practices

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Objective

Coverage

Compensation

One stop centre for investor compensation

To extend to all regulated activities except CFs , IAs and those who do not hold clients’ monies

Will compensate for claims involving fraud/ defalcation and mis-selling, where CMSL holder is unable to meet its statutory obligations & is declared to be in default

Capital Market Compensation Fund

Structure

Consolidated compensation structure under CMSA

Securities Industry Dispute

Resolution Center (SIDREC)

• Alternative Dispute Resolution (ADR) body established in Sept 2010

• Independent redress mechanism to resolve monetary disputes involving market intermediaries and retail investors

• Functions as a mediation and dispute resolution forum for small monetary claims filed by individual investors in relation to their dealings in securities and capital market products

Avenues of Redress – delivering IE in context

Market players

Licensed intermediaries - Required to provide an effective complaints avenue

Industry Associations - Best Practices, Codes

Regulators

& SROs

SC, Central Bank, Companies Commission

Bursa Malaysia

Federation of Investment Managers Malaysia

Investor Interest

Groups

Minority Shareholders Watchdog Group

Consumer associations

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• SIDREC

• CMCF

Alternative Dispute

Resolution Bodies

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Investor Education does have a Positive Impact

A survey of 800 participants from our Be Money Wise (B.M.W.) programme

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Started setting financial goals using S.M.A.R.T.

Post-Programme Knowledge Application

More vigilant when considering an investment.

Started implementing a personal budget.

85.8%

84.4%

Post-programme Adopted Behaviours

Setting aside an amount of money for saving/investing. 88%

Contact for Checking Legality of Investment Product

More aware to contact SC. 65.2%

Legal & Illegal Scheme Differentiations

Able to differentiate between legal & illegal investment schemes. 87%

Knowledge Application & Its Duration

Applied the knowledge from the programme in less than 12 months. 88%

87.3%

From SC’s complaints management, we have found…

• Increase in enquiries pre-investment as opposed to post investment

• Improvement in quality of complaints

• Increase in investor activism

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Unfortunately, investor behaviour is often triggered by emotive, not rational, influences …

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Mini Investor survey of 6,464 respondents through our nationwide Investor Clinics

Understand the steps to be

taken to avoid being scammed

Have an understanding of the basics of

investing

Attracted to investments with scam

characteristics

39.9% 30.5%

Invest in schemes without prior check with the regulator

Understand purview of the various

regulatory agencies 38.4%

Efforts need to be focused on developing tools to facilitate the delivery of IE through the investment trajectory at point of need

The SC will be undertaking a major survey on investor behaviour in 2013

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Efforts will only truly be effective through strategic collaboration with all market players

Self Regulated Organizations

Industry Associations

Intermediaries & PLCs

Regulators

Education & Training Providers

Investor Interest Groups, NGOs

Governmen/Govt Agencies

Media, Analysts

Knowledgeable and Vigilant Investor Community

Dispute Resolution Services

Capital Market Development Fund

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Investor education - not a cure all but a necessary vaccine

Embedding investor education across the investment chain

Contributes to effective risk management

Results in a responsible, informed investor

Strengthens market discipline & acts as catalyst for self discipline

Accelerates the correction of imbalance in the 3 market disciplines

Rebuilds investor confidence & trust in the market

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Confidential

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Thank You

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Sales Practices Guidelines for Unlisted Capital Market Products

Fair treatment of investors

• Investors interest to be taken into account in development and distribution of product

Product Highlights Sheet

• To facilitate product comparison and responsible decision making by investors

Reasonable basis for

Recommendation

• Internal policies and processes must be in place to enable the distributor to have reasonable basis when making a recommendation

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40%

Private Retirement Schemes framework

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Provider 1

Provider 2

Provider 6

Non-core funds

Core funds

Core funds Individual contribution

Employer contribution (on behalf of employees)

Payment

Private Pension Administrator (PPA)

Investment

Non-core funds

Data & information

Trustee 1

Trustee 2

Trustee 6

• A centralised private pension administrator promotes efficiency and convenience principally through:

Facilitating portability between PRS providers

Being a one-stop centre to facilitate transfer, consolidation and withdrawal instructions

• Undertake promotion and awareness on PRS

Core funds Non-core funds

50%

10%

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Embedding IE into Private Retirement Schemes

Pre Sale Point of

Sale Post Sale

Identifying target audience, information required & its delivery

Enhancement of education and skills of individual PRS distributors

Disclosure framework to ensure transparent & frequent reporting to members

Sales Practice Guidelines

To keep in focus investor understanding and awareness PPA designed to be a convenient one-stop info center for members

Default switching to safer funds as investor ages

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MINISTER OF

FINANCE

STOCKBROKERS

ASSET MANAGERS,

UNIT TRUSTS

INVESTMENT BANKS

BANK NEGARA MALAYSIA

- CENTRAL BANK

BURSA MALAYSIA

- EXCHANGE

SIDC Securities Industry

Development Corporation SC’s Training & Development

arm

LISTED COMPANIES

MIBA Malaysian Investment Banking Association

FIMM Federation of Malaysian

Unit Trust Managers

ASCM Association of Stock broking Companies

FPLC Federation of Public Listed

Companies

SIDREC Securities Indutry Dispute

Resolution Centre

• Established on 1 March 1993

• Reports to the Minister of Finance and tables

accounts to the Parliament annually

• Consists of 9 Commission Members

• Acts as the single body that regulates and promotes

the development of capital market

Malaysian Capital Market Institutional Framework

SECURITIES

COMMISSION MALAYSIA

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SC’s Investor Education Strategy with increased focus on sell side

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Financial Capability Programmes

Financial Literacy Programmes

Widen financial literacy

among key target groups

Develop Responsible

Intermediaries

Corporate Disclosure Guide – issued by Exchange in 2011

The Corporate Governance Blueprint 2011 The Malaysian Code on Corporate Governance 2012 MOU with Bank Negara Malaysia – enhanced arrangements

Sales Practice Guidelines – to be issued in Dec 2012

Capital Market Compensation Fund - to be launched in Dec 2012

Investor Clinics

Media Investor Education Radio Series Investor Education website – to be enhanced TV segments Series of articles published Media Interviews & briefings

SIDC – SC’s Training & Development arm Wise Investor Campaign Kids & Cash / Teens & Cash Be Money Wise Money@Work Cash@Campus / Campus kaChing!