News

Do all advisers need good character?

Friday 27th of April 2012

The debate follows a landmark court case involving PropertyTutors director Sean Wood being declined authorisation by the Financial Markets Authority, which determined he wasn't a person of good character after he failed to disclose convictions.

Institute of Financial Advisers president Nigel Tate said the good character test used by the FMA for would-be AFAs should be applied to all advisers, regardless of designation.

"If an individual is giving advice to members of the public that they need good conduct and should be subject to the appropriate person test," he said.

"The FMA has got strict rules as to how they do it but they only have the ability to do it for advisers who are applying to be authorised. I believe the FMA should have the authority to reject any adviser's application if there's appropriate grounds."

Tate noted that the fundamental requirements of the Financial Advisers Act - to operate with care, diligence and skill - are applicable to all advisers, whether registered or not.

However, AFA Murray Weatherston of Financial Focus said there was no need to rush into making changes to the current rules.

"The rules we've got now should be given time to bed in rather than people relitigating things they failed to get brought in last time."

People in the industry should accept "them's the rules" and give the new regime time to settle down, Weatherston said, adding that there don't appear to have been many "horror stories" so far.

"I think the important thing is the adviser who got turned down had their chance in court to get it overturned and the court didn't allow it."

Comments (5)
interested observer
Do all advisers need good character? Yes. Yes they do. Are we really asking this question?
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12 years ago

Brent Lewis
Where do you draw the line, is someone with a speeding conviction an unsuitable person?, or maybe with a few silly pranks as a youngster? If that were the case many of our former Otago students would not be suitable persons.
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12 years ago

Clayton Coplestone
My preference would be to see all industry participants re-submit their credentials to the Regulator, to satisfy a "fit & proper" person test. At the end of the day, the industry as a whole will be judged by the actions of its participants.
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12 years ago

interested observer
Of course not Brent, each case should be based on it's own merits. However, where misdemeanors/convictions/fines etc are relevant to the industry, or have relevance to the individuals attitude to regulation, rules, professionalism etc etc, thne surely it must have an effect on their ability to give sound advice to individuals?
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12 years ago

Andy Phillipson
Dirty Harry - I agree - the regulations will need to be modified as time goes by to close the loops. The trouble is, the more regulation we have, the more loopholes get created. Sometimes less is more. As for the registration - I agree to the registration, but there should be a scale of some sort - we all know of bad registered teachers, plumbers, builders, medical practitioners - so why not financial advisers? (And I am referring to AFAs here as well). The challenge is differentiating the good from the bad in a publicly acceptable way... Any suggestions - write or email to...
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12 years ago

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