Responsibility under the Corporations Act for
preparing prospectuses and for their accuracy is on the issuer and its
advisers. Debenture holders also have the protection of the trustee.
The trustee has a duty to exercise reasonable diligence to see that
investments are sufficient to repay capital and interest owed to those
ASIC is not responsible for approving prospectuses.
However, as part of its market surveillance, ASIC reviews a percentage
of prospectuses, for proper disclosure. It has reviewed Fincorp
Since 2002, on six occasions ASIC forced Fincorp to improve the quality of its disclosure documents – including by court action.
Financial journalist Alan Kohler argues that Fincorp wasn’t paying enough interest to justify the risk that investors took.
In the Eureka Report he offers "Kohler’s Law of Risk and Return: if you are risking
total loss, the real return should be at least 100% in five years
(which means 15% above the inflation rate), preferably with the
potential for blue sky as well. "