ASIC today announced measures to help ensure issuers of debt products such as debentures and notes provide investors and financial consumers with the information they need to make informed decisions about investing in these products. These products can be risky.
The measures include:
- changes to the naming of both listed and unlisted retail debt products to better reflect the nature of the product
- updated regulatory guidance for issuers of unlisted debt products, in particular Regulatory Guide 69 Debentures and notes: Improving disclosure for retail investors (RG 69), and
- updated investor information on our investor and financial consumer website, MoneySmart (opens new window).
ASIC will now permit issuers of debt to name its product a secured note if there is a first ranked security over some assets, so long as conditions about describing the security are met. Issuers may only call a product a debenture if the security is over tangible property.
All issuers must make clear in their advertising that the products are not a bank deposit and should not suggest that they compare favourably to a bank deposit.
ASIC Deputy Chairman Belinda Gibson said: ‘The ‘secured note’ description does not mean these investments are low risk or safe. These investments are not in any way equivalent to a bank deposit in terms of risk, payment of interest or repayment of principal. These products may pay a higher interest rate. This probably reflects the fact they are more risky.
‘Read the material provided by debt issuers very carefully before you invest. As with any investment, if you don’t understand what you are investing in, then do not invest.
‘Investors continually ‘roll over’ these investments. Investors should review the most recent disclosure when invited to roll over their investment. That could be contained in a more recent prospectus or a continuous disclosure notice. It should be on the issuer’s website. Ask the issuer for the most recent information. Something may have changed since you last invested, such as the issuer’s ability to repay your investment.
‘Before you reinvest, ask if there is updated information. Read it carefully as this is where you are likely to find out any bad news.’
ASIC has added new information for consumers and retail investors on its MoneySmart website (opens new window) in a new section, Investments paying interest. Information is also available on products such as term deposits which are Government-guaranteed and prudentially regulated by the Australian Prudential Regulation Authority (APRA).
For more information see the ASIC website
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