Regulation

IFA boss says get rid of RFAs

Tuesday 6th of December 2011

He expressed the view during an interview for the next edition of ASSET magazine, which looks back at the major regulatory changes the financial services industry has been through this year.

Asked what he would have changed if he had been in charge of the regulatory process, Tate said he would have taken a different approach to adviser accreditation.

"My pet desire is to get rid of the two-tier accreditation process - I wouldn't have Registered Financial Advisers and Authorised Financial Advisers, just AFAs.

"At the moment it is confusing to consumers, who don't understand the difference between a Registered Financial Adviser and an Authorised Financial Adviser.

"I wouldn't have given lawyers and accountants a free ticket to the game."

Tate said there's technically no such thing as an RFA: "they're really just non-AFAs."

He said it was "way too easy" to become registered, and disagreed the way certain financial products had been categorised under the regulations.

"According to the FMA risk insurance is a simple product much like a term deposit.  Well I would dispute that.

"Show me a simple income continuance policy... the implications of getting it wrong are massive, the cost of getting it wrong is bigger than the policy itself."

Another criticism he had of the regulatory system was that if he and an RFA down the road both gave the same advice on the same category two risk product they would be treated in different ways if things went wrong.

"I'm held to a different standard than they are and that's wrong in my view."

Comments (19)
Clayton Coplestone
Agree - a one size fits all approach makes sense
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13 years ago

Daryl McAlinden
Totally agree with Nigel, the RFA designation is a "clayton's accreditation", and I have always assumed that this was a stop-gap measure prior to the AFA designation becoming the minimum qualification for financial advisers. And as for the QFEs...
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13 years ago

Simon Rule
Tate says "At the moment it is confusing to consumers, who don't understand the difference between a Registered Financial Adviser and an Authorised Financial Adviser" Find me ten people off the street who have heard of the Institute of Financial Advisers.....
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13 years ago

Murray Weatherston
A starter for 10 Where in any of the legislation is the term "registered financial adviser used" My feeling is that it is not defined anywhere. We all have to be registered as a Financial Service Provider under the FSPAct. As Nigel himself points out, some of us doing certain things have to be authorised as AFA. But if you don't do the things that require authorisation, you don't need to do anything except register as a FSP. I was interested to read that Nigel believed an AFA advising Cat 2 would be treated differently from say a pure Insurance agent (not required to be authorised).. Surely both are subject to the same EDRS complaints processes.
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13 years ago

W K
consumers confused? even some advisers are, so what do you expect? still waiting for the dust to settle after 2 longs years in the land of the long white dusts. over to you FMA ........ out.
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13 years ago

Ron Flood
I often agree with Nigel and know how passionate he is on this issue. I can't however let him get away with stating that "there's technically no such thing as an RFA: they're really just non-AFAs." I refer Nigel to Section 16 of the Financial Advisers Amendment Act 2010 which replaced S16 of the FAA 2008 which states; 16 Types of financial adviser Under this Act, there are the following types of financial adviser: “(a) an authorised financial adviser: “(b) an individual who is registered but not authorised: “(c) a QFE adviser: “(d) a QFE or any other entity that is registered but does not have QFE status: “(e) any other person (whether an individual or an entity) who is an exempt provider. A registered financial adviser is in the legislation and is simply "an individual who is registered but not authorised". This is more than just "technically", it is a fact in law. I would also suggest that any confusion the public may have is perception rather than fact. Clients I have seen over the past year were not even aware there was legislation now in place let alone who has to be Authorised and who needs to be Registered. It was only after they were presented with my Disclosure Statement they became aware of the situation. I would suggest that at some time in the future (5 yrs?)all advisers will need to be authorised. Until then we should get on with it and just make sure that the product our client's get is "fit for purpose" and that their interest, and not our's, are put first.
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13 years ago

Simon Rule
Well said Insurance broker!
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13 years ago

Jonathan Marshall
This is the first smart thing I have heard from the policing body of the IFA. Seems that they might be interested in the future of the profession after all.
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13 years ago

_ CJM
Wherever you set the boundary you will get issues. If you say only an AFA can give financial advice you still have to define the exact products and services that involves - and then accept anybody can give advice on everything else. If you define financial products and services widely, you then have to start looking at possible exceptions - jornalists, budget advisors, employers on Kiwisaver, wealthy investors. You have to deal with issues like can an AFA talk to Strategists, Fund Managers, and Research Houses - or will they all have to be AFAs as well? What about an offshore fund managers presenting to an AFA here - will they have to be AFAs or not come? How far do we go into the back office. Can an admin person who never deals with clients query an AFA on something they have asked to do or do they need to be AFA to give advice to an AFA? I suspect you would ultimately get to the same place as now - with a grey area where some people can in some situations give some types of financial advice to some people without being an AFA. That is how life works. I suspect fixing any oddities in the current regime would be more productive than redoing the whole thing.
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13 years ago

W K
@jeff r: I agree with you 100%. It was proposed over a year ago to Simon Power including the structure (qualifications, on-going training, practices, etc). His reply was that he's happy with the current regulation, if unclear, contact your solicitor. Hope that helps.
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13 years ago

Philip Macalister
Good discussion here guys. It's an interesting topic and Nigel is probably right. Guess we could go two ways on it. Jeff, we have our broker group survey in Mortgage Mag. I think if you read what Mike Pero is doing with its broker/advisers you might take a different view.
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13 years ago

Giles Thorman
I would be very interested to hear whether this is the opinion of Nigel Tate as an individual or whether he somehow did a referendum of all IFA members? Did he at the very least sanction the interview with the IFA Board? I suspect it is a personal opinion and is typical of so many who have served the IFA and its predecessors; their personal opinions are reported as being those held by the whole group. We have had two years of upheaval and all the President of the IFA can come up with is that it is all wrong and lets start again. I do not agree with everything that has occurred in the last two years, but I think slowly we are heading in the right direction. If as an RFA I give bad advice on an Income Protection plan I am liable to the full force of the law the same as an AFA. Stop grandstanding.
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13 years ago

Giles Thorman
I would be very interested to hear whether this is the opinion of Nigel Tate as an individual or whether he somehow did a referendum of all IFA members? Did he at the very least sanction the interview with the IFA Board? I suspect it is a personal opinion and is typical of so many who have served the IFA and its predecessors; their personal opinions are reported as being those held by the whole group. We have had two years of upheaval and all the President of the IFA can come up with is that it is all wrong and let's start again. I do not agree with everything that has occured in the last two years, but I think slowly we are heading in the right direction. If as an RFA I give bad advice on an Income Protection plan I am liable to the full force of the law the same as an AFA. Stop grandstanding.
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13 years ago

Graeme Leigh
Are all IFA members AFAs ? If not, then surely Mr Tate has just alienated all RFA's who are members just like him and the IFA will not be renewing their IFA memberships. Mmmmm...everyone seemed to agree that we needed to legislate out the "cowboys" and now those same people want to legislate out the indians as well. A bit late to have a grizzle don't you think Mr Tate ?
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13 years ago

Tony Vidler
A point of order for the debaters, without wishing to contribute to the acronym war in any way. There is a legal difference in accountability & responsibility for those advisers who are AFA's and those who are not. An AFA assumes personal liability through statutory obligation that they cannot contract out of under the FAA. Others do not. Both are however subject to the ordinary torts of common law responsibilities though. There is an accountability difference, amongst other differences. Please note I am not claiming particular superiority of one over the other, merely identifying what appears to be a lost fact.
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13 years ago

Giles Thorman
I am confused by Tony Vidler's response. He claims that AFAs are personally liable through statutory obligation, this implies that RFAs are not and that we are just subject to common law. We have ALWAYS all been liable under common law; where however apart from via the FAA (and other legislation) am I as a RFA liable to consider the interests of my clients first and foremost? How can I be liable for or subject to a visit from the FMA to check my files and my conduct unless I am also subject to the law laid down in the FAA and other legislation? I do not think there is one bit of difference in accountability.
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13 years ago

Tony Vidler
To simplify the differences regarding advice liability, the AFA is individually authorised and therefore personally liable in full. The RFA does not have to be individually liable as they can provide advice under a limited liability structure. That is the significant liability difference. I hope this helps.
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13 years ago

Giles Thorman
Sorry Tony didn't spot your response. I still disagree, an RFA is also individually liable for the advise he/she gives, providing advise under a limited liability structure does not negate your responsibilities as an adviser to the FAA. An RFA cannot "contract out" as you suggest in your initial response, I am just as liable as an AFA for the advise I have given and continue to give.
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13 years ago

Tony Vidler
Thank you Giles. A fact is a fact, and the only opinions that will actually carry any weight on this type of issue are those of the regulators, disputes schemes, judges & possibly PI insurers at the end of the day.
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13 years ago

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