Law of Investments and Financial Markets 3rd ed

Law of Investments and Financial Markets 3rd ed examines the various areas of law that impact on investors and those working in the investment industry, including financial advisers and planners, accountants and lawyers. Written by award-winning university lecturers and specialists in their fields, Melissa Naylor and Toni Chardon, this book makes difficult and complex legal concepts accessible and easy to understand, without losing essential detail. It is accordingly well suited to tertiary students of financial planning and finance law, as well as financial planners, accountants and lawyers practising in investment law.

One major focus is Chapter 7 of the Corporations Act 2001 (Cth) and the requirements associated with Australian Financial Services Licences, including the legal obligations and compliance requirements of licensees and their representatives, as well as laws relating to disclosure, dispute resolution and investor protection, and those relating to financial advisers. Updated to include the recommendations of the Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, this edition also includes discussion of the latest amendments and reforms, as well as relevant regulatory guides and recent case law.

Various forms of investment are also considered, with separate chapters considering financial services and products, managed investments, real property and direct investments into companies, as well as superannuation. The topics of bankruptcy and corporate insolvency are also reviewed.

The main sources of law covered 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) and Superannuation Industry (Supervision) Act 1993 (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 and investors to quickly and accurately find the appropriate law that relates to their requirements. A good-all-rounder, it does not pre-suppose legal knowledge yet manages to quickly orientate the reader into a comprehensive understanding of how Australian laws and regulation impact investments, investors, and their advisers, making it an essential addition to the bookshelf of any current or aspirational investor or professional adviser in the field of financial services or investments.