Regulation

Fate of exempted AFAs undecided

Thursday 13th of December 2012

A number of AFAs including suspected Ponzi scheme operator David Ross were given relief from certain unit standards in the National Certificate of Financial Services Level 5 such as Standard Set C, which focuses on aspects of advisers’ practices such as disclosure and record-keeping.

Some of those eligible for exemptions from this standard included chartered accountants, CFP charterholders and NZX advisers; however, this relief is due to expire at the end of next year.

Code Committee Chairman David Ireland said the committee would be reviewing all aspects of the eligibility sunset in the next year, including whether to extend it and what to do about advisers who became AFAs using one of its exemptions. 

“The bottom line is it’s yet to be determined; that will play out over the course of next year but there are a few variables at play,” he said.

One of these variables is a review of the industry’s qualifications framework by the Skills Organisation (formerly ETITO), Ireland said.

But he said unless the qualification bar for AFAs is raised those who get exemptions from unit standards are unlikely to have to sit them when the relief period ends.

“The way the sunset works as per the FMA is that where the bar is set is where the bar needs to be when you first apply for authorisation,” he said.

“So long as I am a chartered accountant prior to first applying for authorisation I get relief from Standard Set C so long as I have applied before January 2014.  It doesn’t mean after January 2014 I will need to sit Standard Set C when I come to renew my authorisation or it drops away.”

Ireland said the decision to exempt chartered accountants had been made because there was “no discernible benefit to the public” in making them sit Standard Set C due to similar requirements already placed on accountants.

“There was also concern over whether we had enough competent assessors to cover Standard Set C… do we really want 30,000 chartered accountants all rocking up and doing Standard Set C?”

Comments (10)
Austin Fisher
Are there any numbers around how many current AFAs actually completed Set C to get their qualification?
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12 years ago

Alison Gilbert
This guy David Ireland should resign from the Code Committee. It would seem they have had the wool pulled over their eyes by Chartered Accountants and NZX members. He says there was "no discernible benefit to the public" in having Accountants sit SSC. What about the benefit that David Ross in all probability would not have been able to obtain SCC and would have been exposed ? And Ireland seems to be saying there are a further 30000 accountants out their giving financial advice with minimal qualifications ........
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12 years ago

Simon Rule
We keep hanging our hats on more and more academic qualifications been the saviour of the industry's “ethics” problems. They won't be sorry. If the David Ross scandal teaches us anything it's that we can always rely on the inefficiency of Government Departments to NOT do their jobs. And I quote now from another article published this morning: "The Securities Commission appears to have been warned about suspected Ponzi scheme operator David Ross three years ago, but took no action. An email obtained through the Official Information Act shows Securities Commissioner Annabel Cotton was told of concerns about Ross in September 2009. The person, who asked not to be named, said he was told the commission was too busy to look into his concerns. "I remember Annabel's words exactly," he said. "[She said] ‘I hope you're not right'." Ms Cotton, who owns investor relations consultancy Merlin, said she had no recollection of the conversation.
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12 years ago

Regan Thomas
Denis, the ETITO actually administered C, so they will know exactly how many have done it. Interesting we have yet another MASSIVE estimate of the numbers, which will never eventuate. BTW I'm quite sure the Skills org would love it if 30,000 people "rocked up" wanting set C. But of course that’s not the point. Most accountants care about their clients, they know what they know, and what they don't know, and they engage with other advisers. The problem is this "incidental" thing is being massively exploited by some, and Ross is an excellent example of that. We just need them to either stick to their knitting, or be required to do C if they wish to give investment advice. Any half decent grandfathered adviser will have little trouble preparing for C, just the annoyance of the time it takes to collate, copy, scan etc. And any accountant who is straying, relying on the exemption, will very quickly be found out. Might even have a new appreciation for what we do. What I would like to see is when the exemption expires (extend it if needed) C needs to have been completed or you're out. And 'incidental' needs to be clearly defined - set at a low level.
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12 years ago

Brent Sheather
Agree with above comments but I wouldn't blame David Ireland. He wasn't the chairman when those decisions were made. Ross Butler was. He is apparently an ex executive of the IFA too.
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12 years ago

Daryl McAlinden
Did 30,000 chartered accountants "rock up" and complete Standard B? Of course not! “..no discernible benefit to the public ...due to similar requirements already placed on accountants". So all chartered accountancy practices have standard procedures and processes to provide investment advice??? Absolutely not.
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12 years ago

Brent Sheather
As bad as the RAM business is the losses there are nothing compared to the industry wide losses resulting from bad advice. The poor selection of people for the Code Committee initially (not all of them) and subsequent capture of the process by the industry wits and thus little in the way of change for the better is why we are where we are..Have a nice weekend !
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12 years ago

Brent Sheather
Absolutely Barbara. Gareth Morgan called it industry capture and from memory said that people with CFP "qualifications" lol were responsible for a disproportionate level of bad advice. I'm thinking finance co debentures. Correct me if I'm wrong but I don't think CFPs had to do Standard Set C either. They should and the sooner the better.
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12 years ago

Steve Wright
"be careful what you wish for you may get it" I can't remember who said this famously but all of you having a go at the inadequacy of the law the FMA and everything else should bear this in mind. No law ever stopped illegal activity, there has been a law against murder for decades. Keep whining about the inadequacy of the Code Committee, FMA or anyone else and you might find someone decides to get unreasonably tough - how'd you like to be doing standard set C every year?
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12 years ago

Jonathan Marshall
Well done Raoul. I remember as a kid we use to say the law was made to be broken. Making law does not stop the offense. The good book in Romans 5:20 says "Moreover the law entered, that the offence might abound." If we want to stop the offense then we need to open our books to each other, if we can't trust each other then how can we expect the government and the public to trust us.
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11 years ago

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