06 November 2012

Financial advisers: Financial Markets Authority v. Ross


Court appointed receivers can take control of a financial adviser’s business where the Financial Markets Authority fears loss of client funds.
The High Court in Wellington appointed receivers to companies run by financial adviser David Robert Gilmour Ross after investors complained to the Financial Markets Authority (FMA) about his dysfunctional management.  His investment business has about 900 clients, claiming to hold investments totalling some $430 million.
The FMA said it had received complaints from nearly 30 clients who had not received payments due.  There were serious concerns about management of the business: a failure to make decisions, failures to implement client investment instructions and inadequate records.  All staff had resigned.
The court was told Mr Ross was unavailable.  Subsequent newspaper reports indicated that Mr Ross was in hospital, suffering a mental illness.
Preliminary investigations by the FMA indicated that investments were held in New Zealand, Australia, North America and the United Kingdom.  Records were incomplete.  Tax returns for the business were two years in arrears.
John Fisk and David Bridgman of PriceWaterhouse Coopers were appointed as receivers to take control of the business.
Financial Markets Authority v. Ross – High Court (6.11.12)
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