Archive for 2012

May 17 2012

Too-Good-To-Be-True Investments on Craigslist

The British Columbia Securities Commission has identified several offerings, advertised on Craigslist, which promised risk-free guaranteed returns ranging from 12% in one year to 100% in six months. There is no such thing as a risk-free investment. As reported by Janet McFarland, the BCSC is urging people not to use Craigslist to find investment opportunities. According to an article by David Baines…

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May 09 2012

Time for Action on Emerging Market Issuers

In “Unprotective custody”, Theresa Tedesco of the National Post argues that regulators need to take concrete action with specific deadlines on the many problems that have come to light with emerging market issuers. We agree!

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May 01 2012

Incorporation of Individual Registrants Will Weaken Consumer Protection

FAIR Canada has provided its comments to the Provincial/Territorial Council of Ministers of Securities Regulators setting out why the project to permit incorporation of individual registrants of registered dealers and advisers should not proceed. FAIR Canada believes that if incorporation is allowed, it will weaken efforts to protect consumers and will result in a higher risk to the investing public and a lower risk to registrants themselves…

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Apr 30 2012

Canadians Deserve a Financial Ombudsman that Meets International Standards

Banks in Canada should not be allowed to choose and hire their own external dispute resolution (“EDR”) provider. Canadians deserve to have an ombudsman that meets the basic principles of independence and effectiveness, and that is easily accessible for all of their banking and investment-related complaints. Consumers should not be sent to a variety of EDR providers, chosen and compensated by the banks…

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Apr 13 2012

Investor Advisory Panel Seeks Input from the Public

The Investor Advisory Panel of the Ontario Securities Commission is seeking written comment from the public on a number of issues of importance to investors. Comments are being sought on such issues as whether a fiduciary duty should be imposed on investment dealers/advisers; whether there should be higher education, certification and training requirements imposed on investment dealers/advisers…

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Apr 04 2012

Inaugural Event in Memory of Whipple Steinkrauss

Whipple Steinkrauss was a FAIR Canada director from June 2008 until her untimely death in January 2009. During this brief period, Ms. Steinkraus made an enormous contribution mentoring Ermanno Pascutto and ensuring that our focus would be on retail investors and the “financial advisor” relationship…

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Mar 30 2012

Victims of Fraud and Insolvency Need Better Compensation

In its recent submission to the AMF, FAIR Canada stated that better compensation in cases of fraud or insolvency of regulated firms is needed. At present, many registrant firms are not members of a self-regulatory organization (“SRO”) backed by a compensation fund which provides coverage in the event of the firm’s insolvency. In addition, coverage under the Québec’s Financial Services Compensation Fund (the “Fund”) will not be provided if the product sold was outside the registrant’s authority (a consumer will not know the scope of that authority)…

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Mar 23 2012

Compliance Review Results are “Dismal”

Firms registered with provincial securities commissions are not complying with their existing obligations to determine who qualifies as an accredited investor…

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Mar 19 2012

Exchange Conflicts of Interest Must be Appropriately Managed

In a recent Financial Post Comment, Ian Russell (CEO of IIAC) and Ed Waitzer (J.D. Professor) ask many important questions, including “Are stock exchanges still a necessary public utility, ensuring the efficient allocation of capital and, thereby, contributing to economic growth? As for-profit entities, should they continue to have regulatory responsibility?” The Comment points out many potential conflicts of interest inherent in the current exchange business model…

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Mar 14 2012

Improving Corporate Democracy

FAIR Canada’s Executive Director, Ermanno Pascutto, appeared on BNN’s Headline with Howard Green along with Carol Hansell (Davies) and Stan Magidson (Institute of Corporate Directors) to discuss the quality of Canadian boards. During the discussion, Mr. Pascutto suggested that board governance is more problematic with junior companies (including emerging market listings) and recommended that director compensation include shares in order to align directors’ interests with those of the company and its shareholders…

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