The Joint Forum of Financial Market Regulators released a consultation paper that puts onus on fund companies to provide more user friendly disclosure information to consumers regarding their segregated and mutual fund choices.

The regime in Concept Proposal 81-403 on Mutual Fund and Segregated Fund Disclosure relies on the premise that access and availability of fund information through the Internet constitutes full disclosure.

The consultation paper puts forward a four part documentation system, but part of the proposal also suggests eliminating regular mailings from fund companies, thereby putting ultimate responsibility on clients and advisors to specifically request and deliver the information.

With this new requirement for clear information, the Joint Forum also proposes to eliminate the consumers’ right of withdrawal or rescission.

Rebecca Cowdery, manager of investment funds regulatory reform at the Ontario Securities Commission says these consumer rights would no longer be required because all purchase information would be available up front to the client.

According to an Ontario Securities Commission press release, the consultation paper, Rethinking Point of Sale Disclosure for Segregated Funds and Mutual Funds, is the latest Joint Forum initiative directed at improving and harmonizing financial services regulation across different sectors and jurisdictions.

This paper comes in response to the industry’s belief that segregated fund information folders and mutual fund prospectuses do not serve it, or consumers, particularly well.

“This discussion paper highlights proposed changes that are designed to bring information to consumers when they need it, in a form they can use, in a cost-effective, practical manner,” said David Wild, chair of the Joint Forum and chair of the Saskatchewan Financial Services Commission.

The regulators propose to take a common sense approach to point of sale disclosure that recognizes advances in technology, and research around consumer needs and behaviour.

Under the proposed system, the most important information about a fund will be available to consumers in the form of a one or two-page fund summary document that sales representatives will use during the sales process before a decision is made.

Consumers will be told how they can get other information about their fund, including a foundation document and the continuous disclosure record. These documents, along with a consumers’ guide, will be available to consumers electronically — and in paper — at all times. The foundation document will define a particular fund by including information about the objectives, strategies and management of the fund. The continuous disclosure record will consist of annual and semi-annual financial statements of the fund, as well as periodic discussions of fund performance by management.

The paper also proposes introducing educational information that is not currently available in any point of sale document. The most important information will be delivered in a user-friendly format while the detailed background and educational material contained in the information folder and prospectus which would always be available electronically or upon request.

Copies of the consultation paper can be obtained online at regulators’ Web sites.

The deadline for submitting comments to the Joint Forum is April 30.

In a statement, Investment Funds Institute of Canada president and CEO, Tom Hockin said IFIC and its members welcomed the disclosure proposal. “Our members have long advocated a regime based on investor choice and harmonized disclosure requirements that treat similar products like mutual funds and segregated funds consistently,” he said.