Managed Investment Scheme consultation underway
25/08/2023
Th regulatory framework for Managed Investment Schemes (MIS) are currently under review. The consultation paper seeks feedback on the existing regulation.
The central objective of this review is to evaluate the adequacy and relevance of the existing regulatory structure, pinpoint regulatory gaps, and explore improvements to mitigate unwarranted financial risk exposure for investors.
The review is part of the Government unveiled plans for Treasury to conduct a review of the regulatory framework governing MIS, in the October 2022‑23 Federal Budget.
Focus of the MIS review
The review will focus on the following current regulation areas:
- criteria of investor’s wholesale client status
- responsible entities’ roles and obligations.
The criteria establishing an investor’s wholesale client status
The criteria for a wholesale client is currently under review. Chapter 7 of the Corporations Act 2001 contains several tests in relation to specific products.
Current thresholds for establishing wholesale investor status include:
- where initial amount paid by investor at time of investment is at least $500,000 or
- a qualified accountant provides a certificate which states that the client’s
- net assets are equal to or exceed $2,500,000 or
- gross income for the last two financial years is at least $250,000 per annum.
Responsible entities’ roles and obligations
A key focus area of the review is the governance of the scheme. Effective governance demands ongoing vigilance for transparency and accountability.
Ensure you are aligned with current standards and practices within the Australian financial sector. It is crutial to adapt governance practices to match evolving regulations through consistent regulatory monitoring, and seek guidance from legal and regulatory specialists.
You can find the announcement detailing the primary issues under review here.
Make sure you’re ready
Each MIS provider should assess the impact on their business. The outcome of the consultation could alter the type of license needed to maintain current distribution.
MIS providers are advised to consider reviewing the consultation paper and their investor thresholds. Each case is different, we can provide expert advice that is right for your business.
How SW can help
The SW team has deep financial services sector experience, and specialises in funds management. We can provide you with the right guidance to assess the regulatory changes and their impact to your business.
