Regulation

New tricks for the watchdog too

Wednesday 16th of March 2011

"Not knowing a lot about the market we're about to regulate is a bit uncomfortable," said Securities Commission manager Mel Hewitson.

 

She was speaking at the IFA Professional Development Seminar in Matamata where she gave advisers some pointers on the authorisation process, what to expect and how to prepare for  the new post July 1 environment.

Speaking about the Standard Set C assessment Hewitson stressed the importance advisers engage with the process as soon as possible.

She said some advisers have underestimated the amount of work required and highlighted character testimonials as a particular area where delays can occur in the process.

She said the Commission has staff on standby to deal with the rush "which hasn't happened yet."

The fact that not all advisers will pass the required assessments to become AFAs was also stressed. Hewitson said the process was taken seriously and was intended "to get the right people through the gate."

The importance of the ABS (Adviser Business Statements) was also highlighted.

"We do understand this is everyone's first attempt at writing an ABS," she said.

The main point of the document is to outline how an adviser or adviser business conducts its operations.

"That's what we're interested in. That you have thought about your obligations regarding the Code."

The role of the ABS in Commission visits was also stressed, with Hewitson saying the better the ABS, "the less likely we'll come to you hunting for information."

The Commission is likely to request to see an ABS as the first stage in any potential visit, though there exist "a whole raft of reasons why we might want to come and see you," including simply being in the area or a random selection.

Whistle blowers will receive anonymity and the role complaints will have in guiding the Commission was also highlighted.

"We'll be really reliant on complaints, we don't have hundreds of staff to go around knocking on AFA's doors," she said.

Complaints will also be useful for the Commission to study for patterns and assess whether they need to re-examine any particular areas.

Hewitson stressed that the Commission aims to be a fair partner to advisers in the new regulatory world, but that "we won't tolerate those that try and cheat."

"I do have a big stick but I don't have to use it," she said.

Comments (7)
W K
That's what you get when people who don't understand the market sets the rules. We should all thank our lucky stars that people not in the medical field are not telling our doctors how medical procedures should be done.
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13 years ago

W K
Further to my comment, isn't it an irony, advisors have to meet all sorts of regulations dictated by people who don't even know the business? I'm still struggling to understand why our industry's regulation is set by people who don't understand the trade, but not others (real estate, motor, health, legal, accounting, building, etc)? Or did I miss something?
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13 years ago

Austin Fisher
Financial Advisers are not even on the same planet as medical professionals when it comes to regulations and paperwork. Let's lose that comparison, it's a silly one. I think Mel Hewitson was probably referring to the unknown amount of people that will be registering. Lots of people call themselves "financial advisers" but how many will get themselves authorised? No-one knows. How many financial advisers are out there? No-one knows. Initially, AFA will get financial advisers leapfrogging a little bit beyond real estate agents and insurance salespeople in terms of credibility. There's still a great deal of work to do before offering financial advice is seen as a respected profession alongside solicitors and accountants. But it can be done and AFA qualification is a start. Let's not split hairs over an isolated sentence.
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13 years ago

W K
I am sure a lot of advisors have given good feedback prior to the regulation, but apparently, none heeded - "I hear you, but I'm not listening" - it's like the authority just going through the motion. Wondered how many advisors got the feeling of being "kicked in the gut" because none of you advisors are good enough or can be trusted, hence, all your feedbacks/ideas cannot be taken seriously, unlike in other professions. Or has someone engineered this whole thing with a hidden agenda. Keep up your good work in looking after our clients, Alastar. Hope your clients will understand if you have to charge higher fees to cover your costs - all other professions do that, so the commission should not fault any advisors if they have to.
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13 years ago

Nick Stewart
Well put Mel Your staff that I have spoken with have excellent industry knowledge and experience.
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13 years ago

Giles Thorman
Can I suggest Mel that you and all of your staff are a little more circumspect in what you release or otherwise to the Press etc. Perhaps you should be talking to the author of this article and his colleagues and why they are apparently quoting you out of context. This whole Financial Services process has been incredibly stressful for over 2 years now, with rules seemingly changing and information and misinformation being released from everyone with an opinion. Mel whilst you and all your staff are assured of an income whilst you decide whether to come after us with a "big stick" or not, most of us are self employed. Every second (I can assure you there are a GREAT many of them)that we spend trying to jump through hoops we sometimes cannot even see, is time spent away from earning an income; being threatened all the time does not help. 90% Plus of the problems in the Insurance Industry are caused by less than 1% of the broker/agents working in the market; Inspector Clouseau could find them. Had the Government of the day regulated the Finance Companies themselves as to who could and could not operate them, then most (but by no means not all)of the problems in the Investment profession would not have occured either. I have tried to operate all my dealings for the last 20 years with all clients on a professional basis; for the last two I have seemingly just been threatened with what the consequences will be. What I would like is some assurance that this is a process intended to benefit everyone who wants to be a part of a solution to a problem; alls I hear is threats and "big sticks". I am very tired of it all
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13 years ago

Alison Gilbert
These "visits" Sec Com staff are going to make. How will that work?: because, presumably the Privacy Act will apply and that will mean sec co staff won't be able to just "sit in" with an advisor and look at his files, client file notes, emails etc
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13 years ago

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