FMA ruling on AML overkill: PAA
The PAA had been expecting the regulator to exempt RFAs who were advising a small number of clients on KiwiSaver from the new AML legislation.
“To our surprise, the FMA have taken a firm view on this, and have now issued official clarification on this point. They are quite clear – if you are an RFA and have an agency agreement with a KiwiSaver provider, then you are a reporting entity under this Act.”
Advisers would need to set up AML processes immediately if they had not done so, the PAA said.
General manager Jenny Campbell said she would be raising her concerns with the FMA next week. “KiwiSaver is clearly a very low risk product from an AML perspective and this ruling is a clear case of regulatory overkill. As an association, we are very concerned that this places an unnecessary compliance burden on a handful of advisers, who represent a very low-risk sector.”
She said KiwiSaver advice was hard for consumers to get and the extra regulation would get in the way of their access to good quality advice.