Investment Advisers Act of 1940: What Australian Investors Need to Know in 2025

The financial world has changed dramatically since the 1940s, but one piece of legislation from across the Pacific still casts a long shadow over investment advice today: the Investment Advisers Act of 1940. While this U.S. law was crafted in a different era and jurisdiction, its principles have deeply influenced the way Australian advisers operate, the regulatory frameworks we use, and the expectations investors now have for professional conduct.

What Is the Investment Advisers Act of 1940?

Enacted by the United States Congress in response to the stock market crash of 1929 and the Great Depression, the Investment Advisers Act of 1940 (IAA) was designed to protect investors from fraud and conflicts of interest. The Act requires anyone providing investment advice for compensation to register with the U.S. Securities and Exchange Commission (SEC), adhere to strict fiduciary duties, and comply with robust disclosure requirements.

• Registration: Advisers must register with the SEC and provide detailed information about their business practices, ownership, and any disciplinary history.

• Fiduciary Duty: Advisers are legally obligated to act in the best interests of their clients, putting client interests ahead of their own.

• Transparency: The Act mandates clear disclosure of fees, conflicts of interest, and disciplinary actions.

Although the IAA is American law, its core tenets have shaped global expectations for investment advice, including Australia’s own regulatory regime.

Influence on Australia’s Financial Advice Landscape

Australia’s financial advice sector has taken important cues from the IAA. ASIC (Australian Securities and Investments Commission) and APRA (Australian Prudential Regulation Authority) have both referenced international best practices when designing our regulatory frameworks. The result? Australian advisers are held to high standards of disclosure, transparency, and client care.

Key parallels include:

• Best Interests Duty: The Future of Financial Advice (FOFA) reforms, introduced in 2013 and continually updated through 2025, mirror the IAA’s fiduciary principle. Advisers must act in the best interests of their clients and avoid conflicts of interest.

• Fee Transparency: In 2025, ASIC continues to require that all fees and charges be disclosed in plain English, similar to the IAA’s emphasis on transparency.

• Professional Standards: The introduction of the Financial Adviser Standards and Ethics Authority (FASEA) exam and ongoing education requirements reflect a global move toward higher professional standards, influenced by the IAA’s legacy.

This cross-pollination of regulatory ideas means that Australian investors can expect a level of protection and professionalism comparable to the world’s most developed markets.

Why the IAA Still Matters in 2025

The Investment Advisers Act of 1940 remains relevant for several reasons:

• Global Investing: With more Australians investing in U.S. shares and funds than ever before, understanding the standards that govern American advisers helps local investors navigate cross-border advice and avoid pitfalls.

• Regulatory Harmonisation: Australian regulators are increasingly aligning with international norms—especially as digital advice, robo-advisers, and cross-jurisdictional platforms blur national boundaries.

• Fraud Prevention: The IAA’s focus on preventing fraud and enforcing fiduciary duties remains a cornerstone of investor protection, even as the threats evolve in the age of AI and sophisticated scams.

Recent policy updates in 2025 have seen ASIC strengthen requirements for digital advice providers, drawing directly on lessons from U.S. enforcement actions under the IAA. For example, ASIC’s new guidance on algorithmic transparency and client consent echoes the SEC’s push for similar standards.

Real-World Example: Australian Investors and U.S. Advisers

Consider an Australian retiree seeking income from U.S.-listed ETFs. If they engage an adviser who operates under the IAA, they benefit from disclosure rules and fiduciary obligations that are, in many ways, stricter than those in Australia. At the same time, Australian advisers giving advice on international assets must keep pace with both local and global standards, particularly as ASIC tightens oversight of cross-border financial products in 2025.

This interconnectedness means Australian investors are better protected—but it also places a premium on understanding the regulatory landscape, both at home and abroad.

The Future: What Investors Should Watch

In 2025, as investment advice becomes more digital and globalised, the principles of the Investment Advisers Act of 1940 are more relevant than ever. Regulators are working to ensure that the next generation of advisers—whether human or AI—are held to standards that protect investors and build trust in financial markets.

• Expect continued tightening of disclosure and transparency rules for digital advice platforms.

• Watch for ASIC and APRA updates as they harmonise with international best practice.

• Be aware of how U.S. and Australian regulations interact if you invest or seek advice cross-border.