Regulating the Distribution of Savings and Investment Products: Retrospect and Prospect

The strategic importance of distribution for financial services was reflected in and reinforced by the provisions of the Financial Services Act. Through requirements relating to polarization, best advice and commission disclosure, the Financial Services Act sought to create a regulatory framework which would provide the level of investor protection which was appropriate in a market characterized by a high level of information asymmetry and a heavy dependence on commission‐based selling. In practice the desired level of investor protection has failed to materialize, and this can be attributed not so much to a failure of the principles within the Financial Services Act as to a failure in the way in which those principles have been implemented.