Regulation

AFAs have to disclose remuneration, but not RFAs

Tuesday 9th of November 2010

Securities Commission director supervision Angus Dale-Jones says the core legislation in the Financial Advisers Act (FAA) allowed for prescribed fees disclosure for RFAs, but it didn't go that far in its decision.

AFAs however, have to provide comprehensive fees and commission disclosure with the prescribed form saying:

"I am required to tell you the specific fees, commissions, extra payments and other benefits I have received, or will, or may receive in relation to the services I provide you."

One adviser says she can't believe the backward step that has been taken with RFAs not having to disclose their remuneration. 

"It seems like a real double standard out there, how is this going to put the consumer in a better position than pre-regulation?"

She says disclosure of fees should be something everyone has to do in setting up professional practices.

Dale-Jones says the clear disclosure of both advice and product charges is integral to professionalism for all advisers and the Securities Commission expects all advisers to treat their clients openly.

"In doing so, we expect that there is an open discussion about what fees, commissions and other incentives might be relevant."

He says the government has left the door open to impose requirements at a later date on RFAs if it needs to.

"The government will be monitoring closely to see the initiatives taken by advisers themselves and by professional associations to make sure that professionalism is maintained across the sector."

Qualifying Financial Entities (QFEs) have to disclose every matter that is required in their terms and conditions which are being consulted on at the moment.

Dale-Jones says many of the topic categories that apply for AFAs are picked up in what is being proposed for QFEs as well.

Comments (4)
Daryl McAlinden
I will only deal with industry accredited service providers , such as a Chartered Accountant or a Registered Builder (not a Master Builder). I expect quality new prospective clients would also prefer to deal with an Authorised Financial Adviser (not a "RFA").
0 0
14 years ago

Ron Flood
In response to Bazza and Wise one, an RFA can not act or advertise in a misleading or deceptive manner. This includes calling oneself independant when in fact you place 85% of your business with one company. As far as disclosing convictions etc. these have to be disclosed at time or registration regardless of adviser status. If we consider one of the more recent driving forces behind the Financial Advisers Act and subsequent regulations, the loss suffered by mum & dad investors of over $1billion invested in Category 1 products, then it makes sense that AFA's will operate under a higher standard of disclosure and governance. This reflects the importance the Government places on the advice AFA's will be giving on these products. In submissions made to the Code Committee, the Life Brokers Association argued that disclosure of commissions on category 2 products would disadvantage risk advisers when competing with bank employees. We pointed out the anomaly whereby a salaried employee of the bank would not have to disclose any commission, yet an adviser paid on a commission basis would. We gave examples where the cost of cover with a bank was similar or in some cases more expensive than the same cover with companies paying the highest commission rates. The LBA does not see the merit in having anyone disclose commissions on Category 2 products at this time. However,at the end of the day, providing all participants including QFE employees have to disclose commissions or commissions received by their employer on Category 2 products, we have no objection to this being a requirement of all advisers in the future. In the meantime,we should respect the space each adviser wishes to operate in and act more professionally. This will involve going about our own business and not denigrating others, who are simply adhering to their legal requirements.
0 0
14 years ago

Andy Phillipson
Thank you Ron for clarifying a couple of points there. Bazza - from what I can gather, RFA's do not need to disclose possible convictions because those are already vetted in the registration process. Those with convictions are unlikely to get past the registration process.
0 0
14 years ago

Daryl McAlinden
Anon2, Yes, we use independent research and we do our own primary research. Risk products are selected on a best quality / best value basis (including underwriting considerations) that deem to be in the best interests of our clients. The processes used to select product/s has absolutely NOTHING to do with levels of commissions that we receive from the providers.
0 0
14 years ago

Comments to GoodReturns.co.nz go through an approval process. Comments which are defamatory, abusive or in some way deemed inappropriate will not be approved.