Additional Services

Camco Partners has a breadth of knowledge that enables us to assist businesses. The following is some of key areas we cover, but should you have another matter, please contact us to see if we can assist you.

Dispute Investigations

Disputes will inevitably arise in the financial services sector because of the sheer volume, complexity and value of the transactions.

Camco Partners comprises experts who understand that resolving disputes in a timely and cost-effective manner is critical to organisations today. With our specialised knowledge and expertise in financial matters, we guide clients through the issues most common in disputes. Our phased investigative process unearths the facts about what exactly went wrong, compares expectations to what was delivered, quantifies financial impacts, and assists in allocating liability among the appropriate parties.

Our dispute resolution services includes the following areas:

• inquiries and investigations

• financial services and markets regulation

• fraud and financial crime

• bribery and corruption

• global banking and markets disputes

• commercial and retail disputes

Camco Partners has assisted many clients in resolving disputes, please contact us to see if we can assist you with resolving your dispute. 

Product Disclosure Statements and Terms and Conditions

Camco Partners can assist you with the drafting of your Product Disclosure Statement and Terms and Conditions.

Here is a brief overview:

Product Disclosure Statements

Anyone offering financial products for issue or sale needs to comply with financial markets legislation. The Financial Markets Conduct Act 2013 (FMC Act) defines these people as issuers.

Issuers

Issuers are people who are involved in first making a financial product available and includes:

• the person (other than the guarantor) liable to pay under a debt security

• the company to which an equity security relates

• the manager of a managed investment scheme

• any party that has entered into derivatives.

Offeror’s

People who are the issuer for an offer of financial products for issue or in any other case the person who has the capacity, or agrees to, transfer the financial products.

Camco Partners has assisted many firms with their Product Disclosure Statements. These Statements are relatively prescriptive and require detailed information so that investors can easily understand the product and its risks. 

Terms and Conditions

Why is it so important to have written terms and conditions in place when you do business? Here are some of the main reasons:

• Written terms and conditions help to create certainty as to the agreement.

• Written terms and conditions help to minimise legal disputes and the chances of you being taken to court.

• Written terms and conditions help you to cover all of the important matters and not overlook the things that are less obvious.

• Written terms and conditions help you to enforce your agreement.

• Written terms and conditions help you to provide good customer service.

• Written terms and conditions help to avoid mismatched expectations.

• Written terms and conditions help you comply with the law

Camco Partners has assisted many clients with their Product Disclosure Statements and Terms and Conditions, please contact us to see if we can assist you with the drafting of these documents.

Internal Reviews

Camco Partners can assist you with internal reviews so you can meet your regulatory obligations.

The Financial Markets Conduct Act 2013 and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the Acts) have put significant compliance obligations on firms, with penalties being imposed for firms not complying.

An internal review is undertaken to assess whether you are meeting the requirements of the Acts and your license conditions. This is an opportunity to consider the findings of an internal review report and put in place measures prior to a regulatory inspection. From our experience regulators welcome such reviews as they show that the firm is turning its mind to compliance and testing its systems so they meet expectations. 

Governance

Camco Partners attends board meetings for a number of our clients in an advisory capacity.

This assists boards with regard to independent compliance advice from a firm that is across compliance obligations and expectations of regulators from a market perspective.

The FMA published its Corporate Governance Handbook in 2018 and this details the following key expectations:

1.    Ethical Standards

Directors should set high standards of ethical behaviour, model this behaviour and hold management accountable for delivering these standards throughout the organisation.

2.    Board Composition and Performance

To ensure an effective board, there should be a balance of skills, knowledge, experience, independence and perspectives.

3.    Board Committees

The board should use committees where this will enhance its effectiveness in key areas, while still retaining board responsibility.

4.    Reporting and Disclosure

The board should demand integrity in financial and non-financial reporting, and in the timeliness and balance of corporate disclosures.

5.    Remuneration

The remuneration of directors and executives should be transparent, fair and reasonable.

6.    Risk Management

Directors should have a sound understanding of key risks faced by the business, and should regularly verify there are appropriate processes to identify and manage these. 

7.    Auditors

The board should ensure the quality and independence of the external audit process.

8.    Shareholder Relations and Stakeholder Interests

The board should respect the rights of shareholders, and foster constructive relationships with shareholders and stakeholders. Shareholders should be encouraged to engage with the entity.