Corporation Law Statutory framework

Questions: 1. Define statutory, co-regulatory and self-regulatory frameworks, including advantages and disadvantages. As part of your response provide a relevant example of each framework?2. Provide details of a regulator who uses a co-regulatory model and give an example of how they do this, including any relevant documents/resources that they use?3. Explain the differences between investment and risk based financial products. Give two examples of each and provide details of when/why they are used?4. Summarise the differences between the prudential regulation provided by the Australian Prudential Regulation Authority and the consumer protection regulation provided Australian Securities Investment Commission in relation to financial products?5.What actions that Fred Smith is required to undertake in providing services to Bill and Mary. Ensure you cover key definitions and activities as part of your response? Answers: 1. Statutory Framework Under the meaning of the word statutory framework the term statutory has been defined a necessary element which was required by Law. And Framework has been defined as a term which was defined as a basic structure underlying a system or a concept. So The term statutory framework could be defined as a concept which was compulsorily enforced or required by law to be followed. It could also be defined as a lawful structure in which the governing bodies must be described to operate. It also provides a lawful requirement which must be complied with by all the governing organizations. For example, for the cooperation with NGOs a presnt statutory framework which was operative was the Directives concerning UNESCOs partnership with non-governmental organizations. Co- Regulatory Framework If the state regulators and the private regulators co-operate in a mutual organization than such a act would be co-regulatory. Similarly, the framework, structure or concept which they follow in doing a trade would be known as the co- regulatory framework. Basically, term co-regulation includes a variety of diverse regulatory occurrence, a multifaceted communication of general legislation and a self-regulatory authoritative body. This framework has been defined as a practical reply to the usual insight that regulatory frameworks must rapidly acclimatize and repeatedly be utilized to preserve significance and usefulness in quickly developing markets. For example, a code of practice or rating scheme which was established by the regulatory arrangements in consultation with government. Self- regulatory framework The regulatory framework has been a concept for making a framework or concept which was followed by an organization. But the term self- regulation has been defined specifically as the formulated rules and codes of conduct of the organization. As these regulations were made by the superior authorities of an organization for which the organization would be solely accountable for their enforcement. It was basically a chance that includes the voluntarily growth and enforcement of its own answers to address a specific problem, where no formal oversight by a regulator was required. Although, such schemes were seen to be having the lack of lawful backstop in order to act as the guarantor of enforcement. So, for the violation of such regulatory framework the matters must be handled at their own basis and the courts or the other regulatory bodies have no say as these were the business frameworks. For example, the growth of voluntary codes of practice which were followed by the corporation by which the organization would be solely accountable for its enforcement by its own handling scheme. 2. Co-regulation has been defined as the circumstance wherein the organization expands and manages its own preparations but government grants legislative backing to enable the arrangements to be forced. For example, regulation of radio and television content were regarded as the co- regulatory bodies which work together. But the organizations have established codes under section 123 of the Broadcasting Services Act 1992 in consultation with Australian Communications and Media Authority (ACMA). It has also been confirmed that the essentials that were likely to lead to effective and efficient regulation specifically in connection to the organization wherein self and co-regulatory arrangements have been made and in it ACMA has a major role. This regulator was dedicated for building media and communications perform mutually for all the residents. It was established in 2005 to be a congregated regulator, which was lawfully accountable for the regulation of broadcasting, radio communications and online content. It was also recognized to reply to the transformations which were brought about by the digitalization and netting of conversations. Most of the controls on the construction and allocation of content and the sections of telecommunications services were taken by way of licensing or other supplementary preparations, or by principles and codes (whether co-regulatory or self-regulatory) as they were subject to amendment and version to the networked community and data economy. 3. Financial products have been defined as funds and securities that were recognized to grant the purchaser and the seller with a long term or short term financial benefit. They facilitate dangers to be spread out and liquidity to socialize around a society. Investment Based financial products on one hand have been defined as such goods in which there was a investment being made by a person and it may assist people to grow the money whereas a risk based financial product was the one which provides Credit Scores to clients based on financial act taking into consideration various factors like credit defaults, credit limits, utilization, and many more. Example of investment based financial products could be Hedge Funds. They were the investment funds for wealthy depositors who look to make a protected return by exploring the expertise of the professional fund manager. Futures could also be the investment based goods. Example for risk based financial products could be Bond markets. These bonds were more risky than government bonds and private forms could go bankrupt whereas governments could raise funds. It could also include the home loans. 4. APRA ASIC It was lawfully accountable for the authorization and prudential regulation of Authorised Deposit taking institutions (ADIs). It was lawfully accountable for market truthfulness and consumer protection with the regulation of investment banks. It was regulated by the boards including ex officers and self-regulating Non executive directors. It was governed by the supervisory officials who have a daily liability for its operation. It was also lawfully accountable for the collection of information from the Australian Financial Services Licenses which was permitted to deal in general insurance products. It was the body on whose behalf such collection of data was done. 5. It has been clearly stated that a agency was a fiduciary association that establish from the approval by one individual to another person acting on his behalf that the such an individual act on his/her behalf or subject to his/her authority. Such a association could be created either specifically by verbal or written contract, or it may be indirect through act. A mortgage broker has been defined as a person who acts as an intermediary who brokers mortgage loans on behalf of the people or trades. He subsists to find a bank or a direct lender that would be willing to make particular loan a person was seeking. For example, such a person must consider the best loan good for his or her customer and not to sell loan foods on the basis of what brings him or her highest commission. Such a person has a number of duties towards his clients such as: Must act in the best interest of the borrower in a good faith; Must reveal any interests to the borrowers; Must reveal any material personal interest, etc. Also, there has been a number of banking activities which could divided in a number of ways such as: Retail banking; Corporate Banking; Business banking, etc. Similarly, in the present as Fred Smith being a broker was the person who had a material personal interest n providing the services to Mary and bill. Because he has his private interest to get a additional pay form the bank in which he introduced his clients, So, he would be regarded to be in violation of his responsibilities which he owed towards his customers under law. So, being a Broker Fred Smith would be liable in breach of his responsibility which he had as he did not work with proper care and diligence and good faith towards his customers. Therefore, Mary and Bill have a lawful right to file a case against the broker as he worked for earning more money from the authorized authorities. References Kleinsteuber, H. J. (2017). Self-regulation, Co-regulation, State Regulation. Retrieved on 16th February 2017 from: https://www.osce.org/fom/13844?download=true United Nations Educational Scientific and Cultural Organization. (2017). Statutory Framework.Retrieved on 16th February 2017 from: https://en.unesco.org/partnerships/non-governmental-organizations/statutory-framework National Governors Association. (2015). Statutory framework for School Governance. Retrieved on 16th February 2017 from: https://www.nga.org.uk/thenga/media/NGA-Image-Library/Guidance/NGA-Statutory-Framework-final.pdf