Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Please rewrite reword,,,,, no paraphrase or AI... had to upload this again cs answer provided was AI generated. The definition of a financial product that

Please rewrite reword,,,,, no paraphrase or AI... had to upload this again cs answer provided was AI generated.

The definition of a financial product that is included in the Corporations Act 2001 of Australia is an essential component of the financial services framework. By the provisions of section 763A, a financial product is any facility that a person can acquire or through which they can acquire the following:

1. Make a financial investment.

2. Manage financial risk.

3. Make non-cash payments.

A wide range of financial activities and products are included in the definition, which guarantees that the scope of regulation will be comprehensive. The definition of a financial product is essential because it serves as the basis for the regulation of financial services, financial markets, and financial product guidance, all of which are dependent on the definition of a financial product.

The Definition in General

Any arrangement or agreement that permits financial investment, risk management, or non-cash payments is considered to be a financial product, according to the general definition of a financial product that is outlined in Section 763A. For instance, contributing to a superannuation fund is an example of making a financial investment. On the other hand, controlling financial risk involves other activities such as entering into a futures contract or purchasing insurance. Using electronic funds transfer point-of-sale (EFTPOS) terminals or Internet banking are two options for making payments that do not involve cash.

Particularly outlined inclusions and exclusions

The definition is made even more clear by including particular inclusions and exclusions, which are outlined in sections 764A and 765A, respectively. Clarification and expansion of the general definition are provided in these sections. Certain inclusions, such as those included in section 764A, include, among other things, securities, managed investment schemes, superannuation interests, insurance contracts, derivatives, foreign exchange contracts, and bank deposit accounts. Specific exclusions, on the other hand, are listed in section 765A. These exclusions include things like burial benefits, health insurance, and credit facilities, among other things.

Relationships between the Three Components

To guarantee a comprehensive regulatory framework, the interaction between the general definition, specific inclusions, and specific exclusions is essential. While the specific exclusions provide clarification on what is not regarded as a financial product, the specific inclusions enhance the general definition by expressly specifying some financial goods. When appropriate, the specific exclusions take precedence over both the general definition and the specific inclusions.

Why the Definition Was Created and How It Was Derived from the Situation

To ensure that the financial services industry is subject to thorough regulation and provide clarity, the definition of financial products was meticulously crafted. Here are the key objectives:

1. Comprehensive Coverage: To include a wide variety of financial activities and products, to ensure that the majority of financial services are inside the boundaries of the regulatory framework.

2. Clarity and precision: The Act seeks to decrease uncertainty by establishing specific inclusions and exclusions. This will make it easier for market players to comprehend the regulatory responsibilities that they are obligated to fulfil.

3. Protection of Consumers: A definition that is both comprehensive and unambiguous is beneficial to the protection of consumers since it helps to ensure that a variety of financial products and services are suitably regulated.

4. Market Integrity: The concept helps to maintain the integrity and stability of financial markets by bringing a wide variety of financial products under the purview of regulation.

One of the factors that influences the method that the Australian legislature takes when defining financial products is the requirement to strike a balance between being comprehensive and being specific. With this equilibrium, it is possible to cover a wide variety of financial instruments and services while still providing clear direction for what is regulated.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Microeconomics An Intuitive Approach with Calculus

Authors: Thomas Nechyba

1st edition

978-0538453257

Students also viewed these Law questions