News

Code review sparks soft dollar commission debate

Wednesday 14th of August 2013

The consultation paper was released last week. Committee chairman David Ireland said one of the areas that it was concerned with was conflict of interest.

Ireland said the committee did not feel it had the jurisdiction to directly attack conflicted remuneration but it was important to have a clear conflict of interest standard. “We need to clarify what we mean when we say ‘managing conflict of interest’.”

That would partly mean emphasising client first, he said, and clarify that it meant more than just disclosing remuneration. “Soft commission is still a conflict of interest. If I sell an insurance product and get an all-expenses-paid trip to the Gold Coast, I’m getting something out of it and I need to explain that to clients.”

Some commenters said the removal of incentives would be a step in the right direction towards financial advice being recognised as a profession.

But some advisers said it was unfair to pick on the soft commissions they received when other industries also often had bonuses thrown in.

Ginger Group regional manager David Pine said soft dollar incentives would always be a part of the financial services industry. “They are part of the normal course of business for insurance and investment companies. It is one of the ways in which these organisations promote themselves, and have done for about 30 years.”

He said some advisers did not accept them but those who did could still meet the standard of “client first”.

“Doing the right thing for our clients, and accepting soft dollar incentives, need not be mutually exclusive. This is the point that I feel the Code Committee needs to take on board. Their view seems to be that soft dollar incentives, if taken by the adviser, will automatically mean that the client is disadvantaged. In my view this is nonsense.”

He said doctors were often offered incentives by drug manufacturers but people still had faith in their GPs to do the right thing by them.  “I have complete faith in my GP's desire to do the right thing by me, whether or not he accepts soft dollar incentives. Personally I don't care if he accepts these incentives. I say good on him.  In the same way, there are a large number of high quality financial advisers in New Zealand who always do the right thing by their clients, and who sometimes accept soft dollar incentives.”

Pine said as long as incentives were declared by advisers, there should be no problem. “The Code Committee would in my view being doing a disservice to our profession if they sought to unduly interfere with the rights of these advisers.”

Comments (6)
Daryl McAlinden
The end of the soft dollar era is a comin', and to see into the future, use the recent Australian legislation enacted as your crystal ball.
0 0
11 years ago

Alan Schofield
The ONLY reason a supplier provides soft incentives is if it gives them a return; let's not be stupid here and think that it is something they do to be nice (in another life I was a supplier in the pharma business). Soft and hard commissions both serve to sway the adviser to push the products that pay commissions, whatever they are, and clients know this and accordingly distrust the industry; particularly given the track record. To try to say that 'we' can be impartial in our decisions as 'we' recommend products and take commissions is simply non-sense. We might be able to convince ourselves that we are but then why is a commission being paid in the first place. I hope commissions are banned and we can get on with re-building the industry's reputation. This will surely lead to many more people wanting to use our services and doing the right thing for their futures rather than sitting on deposits or property because they fear the alternatives.
0 0
11 years ago

Alan Schofield
Just to comment on the doctors taking soft commissions analogy as a way of justifying it for advisers. In large part the commissions are paid by the large pharma companies to get the doctors to recommend their patented (or off patent) product over a lower cost generic (but equivalent) product. So the health system pays more for the product, the patient gets the same (but expensive) medication and the doctor gets a holiday. They can justify their decision because the big pharma have lots of their own research to show how good their product is; the generic has only abbreviated research to show equivalence of efficacy. Several doctor fiends of mine incidentally say that much of the soft commission stuff no longer goes on for the same reasons it should not go on in our industry and consequently we have lots of pharma advertising pushing high cost products ahead of the generics. If we banned soft commissions we could expect to more product suppliers advertising and hopefully with a recommendation to "talk to your financial adviser about whether this product is suitable for your needs". Now that would be more sensible than the current regime I think.
0 0
11 years ago

Clayton Coplestone
I don’t believe that commissions are the real issue here – as the discussion relating to fees v commissions is really about the billing / payment process. That discussion is between the consumer and their advisor. The issue is about transparency, and giving the consumer a fair go. Any consumer seeking professional services should expect an honest and transparent process, whereby any conflicts of interest are clearly outlined up front. That way, the consumer can decide for themselves whether they want to do business with the provider
0 0
11 years ago

Frustrated Adviser
Ask clients if they would like to pay annual fee or for the company to pay commissions including the possibility of a trip - guess what I do and it is very rare that a client would rather write out a cheque! Commissions or not, soft dollars or not - a discussion for what point? I don't promote KiwiSaver because it will make me rich because guess what it is a cost to my business - however it is part of a financial plan for a client - let's not feed the media by adding to the negative press
0 0
11 years ago

Andy Phillipson
If you are going to ban soft-dollar commissions in the financial services industry, you also need to look at the medical, the building, the plumbing, the advertising (and media), the car, the travel, and almost every other industry where sales are crucial to an income. There is no way to adequately or accurately disclose it, and I don't think the customers really care! I think this is a storm in the legislator’s teacup, and they should instead be looking at better ways to educate and protect the consumers rather than target the advisers. Nothing that they have done so far has worked! I was faced with a conflict of interest this morning - I wanted muesli for breakfast, but Weetbix won me over because Sanitarium had a bigger and better advertising budget tied in with the All Blacks (possibly because the sales execs were given a free trip to Barley!). Was this ever disclosed to me? With due respect, Mr Ireland - focus on something more constructive and less controversial.
0 0
11 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.