Skip to main content

AI Summary of 17A. Business standards.

The Bank may make regulations prescribing business standards that regulated financial service providers must comply with. The standards aim to ensure providers act in the best interests of customers and of the integrity of the market, act honestly, fairly and professionally, and with due skill, care and diligence. In particular, standards require that providers do not mislead customers about the advantages or disadvantages of services; maintain adequate financial resources; control and manage affairs and systems (including risk management, internal controls and governance); prevent or manage conflicts of interest; protect customer assets; cooperate promptly with the Bank and comparable foreign authorities; and disclose to the Bank matters it would reasonably expect notice of.

The Bank may prescribe the systems, controls, processes, policies and procedures required to meet the standards. Before making regulations the Bank shall consult the Minister and may consult others, must have regard to effectiveness and proportionality by reference to nature, scale and complexity, and must carry out and publish a cost–benefit assessment that includes impacts on customers and fair competition by the date regulations are made. Regulations may apply generally or to specified classes and may contain different provisions by class; the Bank must supply the Minister with a copy and sections 61C and 61D of the Act of 1942 apply.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 30 June 2025 - onwards
Version 3 of 3

17A. Business standards.

(1) A regulated financial service provider shall comply with any standards prescribed by the Bank under subsection (2) (in this section referred to as the 'business standards').

(2) The Bank may make regulations prescribing standards for the purpose of ensuring that in the conduct of its affairs a regulated financial service provider -

(a) acts in the best interests of customers and of the integrity of the market,

(b) acts honestly, fairly and professionally, and

(c) acts with due skill, care and diligence.

(3) The business standards shall, in particular, include standards requiring that in the conduct of its affairs the regulated financial service provider -

(a) does not mislead a customer as to the advantages or disadvantages of any financial service,

(b) maintains adequate financial resources,

(c) controls and manages its affairs and systems (including risk management systems, internal control mechanisms and governance arrangements) sustainably, responsibly, and in a sound and prudent manner,

(d) prevents, or identifies and appropriately manages, conflicts of interest,

(e) arranges adequate protection for assets held by the regulated financial service provider on behalf of a customer,