Accreditation of senior investors and consumers through financial literacy testing
DOI:
https://doi.org/10.21638/spbu25.2023.404Abstract
In the US and UK, a lot of attention is paid to protecting the rights of older investors and consumers of financial services. In particular, a part of brokers, investment advisers are being tested in the US for understanding of the specifics of working with older investors. However, older investors themselves are only tested for scientific purposes, and the results of such tests have no regulatory implications. In some jurisdictions the brokers rejected the proposals of the regulators to include testing elements into the qualifications of investors. In Russia in 2021 the tests were introduced for non-qualified investors for access to the acquisition of medium-risk assets and margin loans, but without the separate test for elderly investor. We believe that older 63+ investors, given the high probability of dementia development, should be tested for financial literacy by independent from brokers universities annually. Testing should be separate for traditional products and cryptoassets respectively. Depending on the result of the test and the personal desire of the elderly investor, such dynamic restrictions may be introduced as the bans on purchasing certain products, margin loans, purchasing financial products remotely, also mandatory video recording of purchasing a product in the office, as well as a ‘second hand’, that is, confirmation all or major transactions by a family member. Testing will protect not older investors only but also the brokers, investment advisers from being accused of selling nonsuitable products to these clients.
Keywords:
senior investors, elderly consumers, mis-selling, retail investor protection, financial literacy, dementia
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References
Deane, Stephen. 2019. How the SEC Works to Protect Senior Investors? US Securities and Exchange Commission. Office of the Investor Advocate. 2019. May. Available at: https://www.sec.gov/files/how-the-sec-works-to-protect-senior-investors.pdf (accessed: 10.04. 2023).
Dedov, Dmitry I. 2002. Proportionality of Restricting the Freedom of Entrepreneurship. Moscow, Iurist Publ.
Deevy, Martha, Lucich, Shoshana, Beals, Michaela. 2012. Scams, Schemes, & Swindles: A Review of Consumer Financial Fraud Research. Financial Fraud Research Center at the Stanford Center on Longevity. Available at: https://www.longevity.stanford.edu/wp-content/uploads/2017/01/Scams-Schemes-Swindles-FINAL-On-Website.pdf (accessed: 10.04.2023).
Finke, Michael S., Howe, John S., Huston, Sandra J. 2017. Old Age and the Decline in Financial Literacy. Management Science 63, 1: 213–230.
Han, S Duke, Boyle, Patricia A., James, Bryan D., Yu, Lei, Bennett, David A. 2015. Mild Cognitive Impairment is Associated with Poorer Decision-Making in Community-Based Older Persons. Journal of American Geriatrics Society 63, 4: 676–683. Available at: https://www.pubmed.ncbi.nlm.nih.gov/25850350/ (accessed: 10.04.2023).
van Hoecke, Mark. 2015. Methodology of Comparative Legal Research. Law and Method: 1–35. Available at: https://biblio.ugent.be/publication/7145504 (accessed: 10.04.2023).
Lusardi, Annamaria, Mitchell, Olivia S. 2014. The Economic Importance of Financial Literacy: Theory and Evidence. Journal of Economic Literature 52 (1): 5–44. http://dx.doi.org/10.1257/jel.52.1.5
North, Gill, Buckley, Ross P. 2011. The Dodd-Frank Wall Street Reform and Consumer Protection Act: Unresolved Issues of Regulatory Culture and Mindset. Melbourne University Law Review 17, 35 (2): 479–522. Available at: http://www.classic.austlii.edu.au/au/journals/MelbULawRw/2011/17.html (accessed: 10.04.2023).
Research Methods for Law. Edited by Mike McConville and Wing Hong Chui. Second Edition. 2017. Edinburgh University Press. Available at: https://edinburghuniversitypress.com/pub/media/resources/9781474404259_Research_Methods_for_Law_-_Introduction_and_Overview.pdf (accessed: 10.04.2023).
Rolison, Jonathan J., Hanoch, Yaniv, Wood, Stacey, Liu, Pi-Ju. 2014. Risk-Taking Differences Across the Adult Life Span: A Question of Age and Domain. The Journals of Gerontology. Series B, 69, 6, November: 870–880. https://doi.org/10.1093/geronb/gbt081
Seaman, Kendra L., Leong, Josiah K., Wu, Charlene C., Knutson, Brian, Samanez-Larkin, Gregory R. 2017. Individual Differences in Skewed Financial Risk-Taking Across the Adult Life Span. Cognitive, Affective, & Behavioral Neuroscience 17: 1232–1241. https://doi.org/10.3758/s13415-017-0545-5
Selivanovsky, Anton S. 2021. A Retail Investor on the Securities Market: an Agreement with a Broker. Zakon 9: 67–93. (In Russian)
Selivanovsky, Anton S. 2021. A Retail Investor is not Much Different from Consumers of Banking Products, but Protected Much Worse Than Them. Zakon 10: 8–19. (In Russian)
Smirnov, Aleksandr A., Gustov, Aleksandr V., Kopishinskaya, Svetlana V., Antonova, Victoria A. 2014. Predementia and Dementia in Young People. Neurology, Neuropsychiatry, Psychosomatics 6 (2): 41–43. https://doi.org/10.14412/2074-2711-2014-2-41-43 (In Russian) SSRN. Available at: https://www.ssrn.com/abstract=3510134 (accessed: 10.04.2023).
Vitryansky, Vasily V. 2018. Reform of the Russian Civil Legislation: Interim Results. 2nd ed., amend. and suppl. Moscow, Statut Publ. (In Russian)
Wan, Wai Y., Godwin, Andrew, Yao, Qinzhe. 2020. When Is an Individual Investor Not in Need of Consumer Protection? A Comparative Analysis of Singapore, Hong Kong, and Australia. Singapore Journal of Legal Studies, March: 190–216.
Widera, Eric, Steenpass, Veronika, Marson, Daniel, Sudore, Rebecca. 2011. Finances in the Older Patient with Cognitive Impairment: He Didn’t Want Me to Take Over. The Journal of the American Medical Association 305 (7): 698–706. Available at: https://www.pubmed.ncbi.nlm.nih.gov/21325186/ (accessed: 10.04.2023).
Weissberger, Gali H., Samek , Anya, Mosqueda, Laura, Nguyen, Annie L., Lim, Aaron C., Fenton , Laura, Han, S Duke. 2022. Increased Financial Altruism is Associated with Alzheimer’s Disease Neurocognitive Profile in Older Adults. Journal of Alzhheimer Decease 88 (3): 995–1005. https://doi.org/10.3233/JAD-220187
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