News

Commission ban deferred but Ripoll effect to hit NZ

Tuesday 24th of November 2009

Instead, the parliamentary joint committee, after a 10-month inquiry, has thrown the issue back for further consultation.

"The committee recommends that the government consult with and support industry in developing the most appropriate mechanism by which to cease payments from product manufacturers to financial advisers," the report says in one of its 11 recommendations.

The findings of the so-called Ripoll report, named after committee chair Bernie Ripoll, were also expected to influence the progress of regulation for the New Zealand financial advisory industry.

In a speech this October, Jane Diplock, head of the Securities Commission endorsed "trans-Tasman regulation of financial advisers", saying the Ripoll report would have an impact in New Zealand.

"[Australia's] Parliamentary Joint Committee on financial advice and advisers...will be the perfect moment to launch a dialogue about the regulation of financial advisers in our respective countries, and ensure emerging frameworks are mutually recognisable," Diplock said. "It's an opportunity we must be sure to seize."

While Ripoll referred on the commission issue, the Australian government committee did recommend financial advisers operate under an explicit "fiduciary duty... requiring them to place their client's interests ahead of their own".

As well, Ripoll recommended ramping up regulatory oversight of financial advisers including annual "shadow shopping exercises" to be conducted by the Australian Securities and Investments Commission (ASIC).

The committee also suggested the cost of advice should be tax deductible and that an independent body be set up to oversee professional standards for advisers.

Furthermore, the Ripoll report calls for a government investigation into "the costs and benefits of different models of a statutory last resort compensation fund for investors".

 

Comments (4)
Clayton Coplestone
As is the case in Australia, the Regulators and Commentators on this topic are missing an essential point. The issue of fees v commissions is a billing or payments discussion - which ultimately should be determined by the consumer in consultation with their intermediary. The issue that lies at the heart of this debate is one of 'disclosure'. In other words, if the consumer has been presented with sufficient information to enable them to make an informed buying decision (ie: inclusive of risk appraisal, performance attributes, how the portfolio will/won't meet their expectations, remuneration to the intermediary etc), then the method of payment is a secondary consideration. If all has been disclosed (in dollar terms NOT percentages) then the consumer can determine the most convenient method of payment for them. This also provides them with a price-point to compare value propositions. Where the system has been abused, is that many financial intermediaries have a feeble value proposition, thereby leaving them with little confidence in disclosing their remuneration. The easier option has been an absence of disclosure coupled with veiled payments directly from manufacturers. Whatever is the outcome (as this will ultimately be determined by the Regulators rather than the industry), all financial intermediaries will need to arm themselves with a robust value proposition (that is preferably not overly homogeneous) to retain & attract consumers.
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15 years ago

Clayton Coplestone
It looks as though there is a good debate brewing on this topic. Unfortunately the view expressed by Interested Party does not take into account the market mechanism: as the financial services industry matures from 'adolescence' consumers will be more inquiring about value for money. To see this transition in action - reflect on consumer's attitude to risk now compared to a few years ago. In other words - under a regime of full disclosure, the market will determine what is a reasonable price for a service, and the consumer will determine the appropriate billing mechanism.
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15 years ago

Wayne Ross
I thought I might add to the debate with some practical observations. In a previous life I built commissioned products, now I provide independent fee based advice. I think there is a need to distinguish between the type and drivers for commission payments. It can be argued that a regular payment made from a product for ongoing advice is no different to recieving an annual fee directly from the client. The real issue is does the client know the $ they are paying and are they actually recieving the advice. Where commissions are a conflict of interest is where they are paid purely for continued adviser support of the product manufacturer. Unfortunately this leads invariably to grey areas. While banning commissions is one answer it leaves the door open for other more inventive payment structures which are still hidden. My preference would be to require all AFA's to show clients the total $ cost of using their services. This should include the gross cost of advice, trading, platforms, products, etc recommended even if they dont get remuneration from them. We have done this for potential clients since 2003. This will at least provide a level playing field for clients and advisers alike, even if it wont necessarily allow clients to determine what is value for money. The reality is we are not selling a black Model T where success can be measured by getting from A to B. Individual investor preferences such as timeframe, risk and return profiles make comparison difficult and often not possible until it is to late.
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15 years ago

Nigel Tate
I intuitively support the view proposed by "Independent Observer" above, lets face it the payments are in fact coming from the client not at all from the provider of any product. Bernie Ripoll MP presented to us last week at the FPA Conference as a member of a panel discussion around the "future of financial planning..." and wasn't that convincing that he fully understood the issues at all, also Joe Hockley MP who initiated FSR over there stated that the opposition party would not support any ban on commission as he felt it was a "disclosure issue" rather than a commission issue (This view opposes that held by the FPA. I can't but help feel that there is a Political ground swell, some may say agenda, here that seems to be coming from the Securities Commission that there is a great need here to ban commissions or any other payment that is coming from any "3rd party" when in fact it is quite appropriately coming from the client via the so called 3rd party and if this is how the client would like to make their payment for the financial adviser service what has that got to do with the government. Another clear indication is in the latest Code Committee paper on Ethical Behavior and Client Care where it is proposed that to be "Independent" AFA advisers will need to not have any payment from any entity other than the client, this is looking very much like the start of Commission banning, no matter what the client chooses. How are advisers expected to transition if this is to be the standard?
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15 years ago

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