Minister for superannuation and corporate law, Senator Nick Sherry, has announced ASIC and the Treasury, with the input of the Australian Prudential Regulation Authority (APRA), would review the regulation of CRAs and research houses.

"There have been some very serious concerns voiced to me about the role CRAs may have played in some aspects of recent financial market problems, including the US sub prime mortgage situation, so we need to make sure the system is up to date," said Sherry.

"In relation to research houses, I've requested a review of the appropriateness of the current regulatory framework and whether it might also require updating.

"To ensure we get the full picture, the review will also look at how ratings advice is used by retail and wholesale investors."

The review follows widespread losses for many investors, both private and institutional, who assumed that if a product was endorsed by a major research house it was "safe". AFM also believes that many ratings were slow to be reviewed in the light of the impending problems in the US housing market which should have been evident to professional ratings agencies.

The ASX has received a number of submissions following its request for public consultation on the contentious issue of Short Selling, and in particular the practice of "naked shorts" according to an article in todays Financial Review.

The issue has been a hot potato following recent significant market falls in many stocks, including high profile cases such as Centro Properties, Allco Finance and ABC Learning, which prompted calls from some quarters for all short selling to be outlawed, and resulted in the federal government promising to introduce legislation to at least control or limit the practice.

In particular submissions from the Securities & Derivatives Association, representing stock brokers and investment banks, and Chartered Secretaries Australia, representing governance professionals, have both called for reviews of the rules and activities surrounding short selling.  However, neither submission proposed that short selling should be banned per se, but that the practice overall should be subject to review and greater control - particularly naked short selling (selling shares not owned, and not providing borrowed stock to settle trades) 

Australian Fund Monitors agrees the whole area of short selling should be reviewed and if necessary more fully regulated to recognise the changing nature of the industry and various derivative products which are now used.  However the main issue we believe is transparency - which should also include increased transparency to cover margin lending (as called for by the Institute of Actuaries in their submission to the ASX), which has also been blamed for significant market falls in recent months.