Regulation

Adviser "angst" over anti-money laundering rules

Thursday 2nd of February 2012

The Financial Markets Authority recently issued guidance for advisers on how to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act, which passed in 2009 and comes into effect next year.

Tate said the anti-money laundering requirements would cause some "angst" among financial advisers this year as they prepare for the new regime.

"It will become just one more thing that is compliance-based.  It will benefit the government and their obligations more than clients or advisers.

"The obligation is on advisers to do risk assessment on their clients which is no mean feat if you have 300 to 400 investment clients. 

"Then you've got to do it on your practice on the basis of your clients.  That's an issue I think advisers will not be comfortable with but will have to do.  The government is committed to it and we're not going to be able to change it so we just have to implement it."

Tate said the anti-money laundering requirements for advisers are similar to GST, where businesses have been effectively made agencies of the government in regard to its collection.

And he said unlike the Financial Advisers Act, advisers won't get any benefit from the anti-money laundering rules.

"It doesn't generate generate revenue or improve service or do anything for clients; there are no benefits for practitioners."

As an example of the extra compliance burden he said when advising on investments by trusts advisers would have to know not only all the trustees but also all the beneficiaries of the trusts.

However, he said clients were unlikely to have a problem with being asked by advisers where they got their money from.

"It's not bad information for advisers to know anyway - did they get it from selling a house, or was it from an inheritance? The more information we know about our clients and their situation and finances the better."

Comments (0)
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.