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Investment Law

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Law of Investment Assignment | |

Contents 1.1 Assumptions 3 1.2 Common Law 4 1.2.1 Fiduciary Duties 4 1.3 Conduct & Disclosure in the Investment Advisory Process 5 1.3.1 Suitability Rule 5 1.3.2 No Conflict of Interest Rule 6 1.4 Investor Protection Dispute Resolution 7 1.4.1 Unconscionable Conduct 7 1.4.2 Misleading and Deceptive Conduct 7 1.4.3 Dispute Resolution in the investment Industry 8 1.5 Remedies 9 1.5.1 Avenues of remedy 9 1.5.2 Likelihood of success 9 2.1 Enhanced Due Diligence for New Products 10 2.2 Enhanced Documentation & Quality of Information Collected by FAs 10 2.3 Restrictions on Sale Without Advice 11 2.4 Restrictions on Bank Teller Activities 12 Appendix 13

1.1 Assumptions

We have decided to list some ideas that are held primary throughout this assignment for the ease of discussion. * Paula is a retail client
We should make the distinction whether Paula is a retail client or a wholesale client, it is important to do so as most of the investor protection provisions of Ch 7 relates only to services provided to retail clients.
The definition of retail client differs with the nature of the financial product. It is clearly identified that Paula was not making an investment in general insurance products, superannuation and RSA products, we would intuitively classify her as a retail client under all other financial products and allow her to pass the four threshold tests: product value of $500,000, individual wealth of $2.5 million, professional investors and small businesses. * Paula is risk averse
It is mentioned that the money for the provision of the financial product was from a personal injury compensation payout with the goal to derive income and capital growth in fulfilling future acquisition of a new house. It is only rational that Paula would have a higher tendency to avoid

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