The right to win, and the right to lose
A recent snapshot of investors undertaken by an amalgamation of regulatory bodies in Canada will do little to raise the spirits of the structured products industry. The survey was issued by the Joint Standing Committee on Retail Investor Issues (JSC) last Autumn, which is made up of the Ontario Securities Commission, the Ombudsman for Banking Services, the Investment Industry Regulatory Organisation of Canada and the Mutual Fund Dealers Association. Since spring 2008, the committee has been trying to spot potential snares for retail investors, so they decided to quiz investors themselves on product suitability.
The call went out to a number of consumer organisations – the Canada Association for the 50plus, the Shareowners Association and the Small Investor Protection Association. A mere 24 investors responded by the deadline. Even such a tiny straw poll, however, managed to find a few SP nemeses. While the majority believed that all investment products should be made available to all investors, some of the few dissenters were quick to point a finger at principal protected notes (PPNs), putting them in the same basket as special-purpose acquisition companies, and conversely, high-risk ventures.
One investor simply responded: “Principal protected notes: the industry ought to be ashamed.” Another respondent said ominously, “I had an advisor until recently. He sold a hybrid structured product to my parents… he represented it as being more similar to a fixed-income investment than it really was… I would have preferred that he inform us upfront of the fees embedded, including the amount he gets as a trailer.” Some took a more blanket approach – despite no products being specifically named in the question, the investor stated: “Absolutely, these investments should be banned.”
Hedge funds, labour-sponsored funds and deferred service charges were also subject to lengthy criticisms.
But financial market liberals remain, as evidenced by the conclusion that investors should be able to select whichever products they like. “All investment products should be available to all investors. To my mind anything short of this is a form of discrimination which I didn’t think was allowed under the Charter of Rights and Freedoms,” said one. Stirring stuff indeed.
