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AFA Monitoring & Registration Spot Checks Kick Off
Monday 9th of May 2011
This week we’ll be asking some Authorised Financial Advisers to submit their Adviser Business Statement (ABS). We will select a small number of AFAs from across the country (excluding the Canterbury region) and they’ll have seven working days to get their ABS to us.
We will then review the ABS to check the systems and procedures it describes help ensure the adviser is conducting their business in a professional and compliant way. In particular we will be looking for information that describes the advice process they have in place. In some cases we may contact the adviser to clarify points or ask for additional information.
We expect to provide feedback to individuals within 15 working days. The possible outcomes include:
• No further review is required at this stage.
• Further information may be required to help us understand the adviser’s approach. We may or may not ask the adviser to submit a revised ABS it to us once changes have been made.
• A formal interview by phone.
• A visit to the adviser to review their services and the outcome for customers and to ensure they’re operating in accordance with their ABS. Advisers in this situation will be provided with further details about what to expect from a visit.
This is an excellent opportunity for advisers selected to receive feedback on their ABS. If there are themes for ABS improvement that emerge after the first few months of reviews, we are likely to issue hints and tips to all AFAs.
Going forward, we may contact the adviser again at any time. In addition to periodic checks, we may respond to information received about their business, or investigate a particular theme across the industry. We may also conduct short surveys on a particular topic.
Monitoring reviews will help encourage high standards of professionalism in the industry. If we do encounter a problem we will generally work directly with the adviser to help them meet the required standard. However we may also take action when standards fall below the required level.
By the way, in addition to calling for some adviser ABSs, we are running some spot checks on advisers to ensure they are registered.
Mel Hewitson
Director Financial Adviser Regulation
Comments (10)
Simon Rule
Do AFA's actually have the time left in their businesses now to see clients (and look after their needs) or is the adviser's whole day just spent keeping the regulators happy?
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13 years ago
dave mason
Confused adviser - I have completed over 15 SSC assessments, so I do know what I am talking about. The ABS sets out the framework that you operate in. This is where you demonstrate that your operating environment satisfies the regulators ongoing expectations.
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13 years ago
dave mason
SSC is based upon the unit standards created by ETITO and the FMA will look to an advisers professional practice to determine whether that practice meets the criteris set by those unit standards. The point where the adviser demonstrates to the regulator that they meet SSC is through their ABS, which is a reflection of the AFAs operating environment, including processes and controls. Those of us with CFP and CLU have already demonstrated a level of professional practice that aligns with SSC requirements, so it is not a 'back door' as the obviously confused advisor states. This is the reality guys and gals. The FMA is a regulator and their job is to regulate - providing monitoring and assurance oversight of advisor activities to ensure that the standards set by the regulation, legislation and the code are upheld.No point complaining about this as this is the new landscape.
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13 years ago
Brent Sheather
i agree with alison mel should focus her abs efforts on all those advisers who recommended finance co debentures or feltex and slipped in the back door.my guess is that their financial plans are little different given that commission is still the name of the game.
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13 years ago
Alison Gilbert
I must admit I find myself agreeing with 'Concerned Advisor' on this one. If Dave is an ETITO assessor, he would know Standard Set C (SSC) is all about the advisor proving that their advice process is compliant with best practice, including the FAA and the Code. So why the FMA, "in particular" will be looking at an advisor's ABS "for information that describes the advice process" is a bit of a mystery when all they have to do is look at the evidence submitted by the advisor in SSC. Can't they be bothered ? Mel mentioned the FMA might show particular interest in AFA's who didn't have to sit SSC; to me that seems the best starting point: I bet very few of the NZX members who slipped in the back door via exemption from SSC have ever written a financial plan; (but what a great lobbying job the NZX did to the government in allowing them to get away with it.....)
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13 years ago
Simon Rule
Excellent comment Giles Thorman. I am sure the majority of advisers in New Zealand are thinking along exactly the same lines about regulation and how it has been implemented to date. Regulation of the financial services industry appears to be evolving into a win fall for bureaucrats rather than been focused primarily on the consumer as it was originally intended!
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13 years ago
Giles Thorman
Isn't it wonderful to see that after two years EVERYONE is so clear about what is required. The FMA effectively have the power to stop any of us from earning a living; I do not have a problem with that per se IF it at long last removes some of the Charlatans from this Industry. However what I do have a problem with is being judged on something that no-one can explain clearly and concisely EXACTLY what is required.
As Phil above says, I am also soooooooooooooo over regulation, mainly as the rules keep changing and the huge time it has and will continue to take out of my working week. There is then also the matter of the fee's I need to pay to various bodies I need to be a member of, increasing costs of PI (you wait their will be some claims from Canterbury) and also the slight matter of the worst recession in 60 plus years.
In the background there always seems to be someone "warning" Brokers against some potential infringement they could possibly commit..... if they want to buy their book/attend their 3 day course/go to their seminar....... all will be revealed.
I wonder how many future stress claims will be able to trace their commencement back to this shambles.
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13 years ago
Brent Sheather
Paul, two things spring to mind in respect of your post,firstly how many CFP and NZX advisers got grandfathered in without doing any study whatsover and secondly if so many advisers have had the benefit of this great education from Massey and Waikato how the hell did we end up with so many giving so much bad advice?
My experience of the diplomas is that they are frequently teaching the wrong stuff and where they manage to get it right the reality of the marketplace means that the graduates ignore it or risk losing there jobs. I'm self employed, thank you god.
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13 years ago
Brent Sheather
i have seen many financial plans where finance company debentures ostensibly constitute the low risk component of a balanced portfolio.these are invariably prepared by cfps so my guess is that mel and her team will be kept particularly busy by the chartered financial planning community.one thing in their favour is of course the fact that the number of bad investment instruments available for distribution is at a low point but im sure that wont last for long.the question is from what direction will the next disaster come ?
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13 years ago
Alison Gilbert
Both Paul and Brett are ill-informed. The Massey/Waikato Diplomas are not an alternative qualification for Standard Set C. So only CFPs and NZX advisors have slipped in thru the side door. A case can be made for CFPs but the NZX advisor free pass can only be put down to effective lobblying on part of the NZX to a gullible Code Committee. Hopefully Mel and her team will see thru this sham and single them out in her investigation of AFAs.
But even in their case it is ridiculous that AFA's are going to be hounded by the FMA again only a short time after their authorisation. I can only put this down to the fact that the inspectors were hired prematurely and, rather than have them sitting around twiddling their thumbs, the FMA wants them out there showing they are "doing something"
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13 years ago
2 min read