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A highly regulated financial services environment will drive professionalism

20 September 2012 | | Gareth Stokes

The Financial Advisory and Intermediary Services (FAIS) Act has increased tenfold the administration burden on financial advisory businesses. In order to offer financial advice in 21st Century South Africa you must have a comprehensive compliance and risk

Against this backdrop FAnews partnered with the Institute of Practice Management (IPM) and the Financial Planners Institute (FPI) to conduct an extensive survey of financial advisory businesses and intermediaries. The survey aims to better understand the impact of compliance costs on domestic financial services providers. After months of number crunching the 2012 Cost of Financial Advisory Business Compliance SA survey results are finally in!

Thanks for your valuable contribution

Before we continue with the first of our newsletter instalments on the survey findings there are some administrative matters to take care of. I would like to extend a word of thanks to the survey sponsors as well as the 562 brokers who took the time to complete the extensive 27-question set. Our thanks also go out to the IPM for compiling the questions and collating the results – to FAnews and the FPI for distributing the survey – and to Hugo Snyman of Third Circle Asset Management for providing prizes as incentives to brokers to complete the survey. Congratulations also to the following brokers, who won prizes in the lucky draw:

· Rashida Bawa won a Tom Tom navigation device, sponsored by FAnews;
· Brett Nel won a CleverEdge smart pen, sponsored by Third Circle; and
· Ronel Roeloffze won a CleverEdge smart pen, again sponsored by Third Circle

The makings of a compliance survey

The 2012 Cost of Financial Advisory Business Compliance SA was conducted in February 2012 to determine the compliance cost associated with providing financial advisory services in South Africa. In his introduction to the survey findings, Johan Maree of the IPM writes: “The study was prompted by growing concerns that the legislative framework is placing an excessive cost burden on financial advisory practices”. As such the survey is among the first attempt to determine exactly how much compliance is costing financial advisers.

For the purposes of this study the “compliance costs” are defined as the direct cost to financial advisory businesses associated with performing tasks to comply with government legislation. Survey responses were limited to those in the industry who were business owners, representatives and key individuals in the South African financial services industry or any person with a Category 1, II, IIA, or IV licence. Of the 560-odd respondents 230 (41%) indicated that they were business owners, 140 (25%) were representatives and 180 (32%) key individuals. Based on the survey outcomes there is more than enough evidence to support that compliance costs are becoming too much of a burden, particularly for smaller advisory businesses.

Based on the survey results the Regulatory Examinations (RE) alone are estimated to cost the industry in the region of R1.28 billion! And a conservative calculation suggests that each independent financial advisory business incurs compliance costs totalling R188658 per year! “A typical one year Continuous Professional Development (CPD) cycle for all Representatives and Key Individuals could cost the financial services industry more than R120m per year,” says Maree. He concludes that the rising cost of compliance is threatening the livelihood of small, independent financial adviser businesses.

Meeting increased compliance with professionalism

In this, the first in a series of newsletter on the survey’s key findings the link between compliance and professionalism (or education if you prefer) is placed under the spotlight. Both RE and the pending CPD requirement have already had a major impact on the financial advisory space. The study found that while financial advisers have a wealth of industry experience they seldom have financial planning qualifications to back this up.

A staggering 92% of respondents had not furthered their education in their chosen careers. This is of significant concern due to the link between professionalism and the requirement for on-going education. “Passing RE is not considered a professional qualification and will definitely not make financial advisers professional overnight,” notes the survey. It adds that advisers who wish to transition to a fee-based model will struggle without a professional qualification.

Going back to May 2007 – when the late FAIS Ombud, Charles Pillai, addressed the FPI convention – a concise list of requirements for professionalism in the financial advice space emerged. Pillai said that in order for an adviser to regard him / herself as a professional, the following had to be in place:

· A specialised and well-defined body of knowledge;

· Membership of a professional association;

· Members must be devoted to public service;

· Members must embrace a Code of Ethics;

· The status of the association must be recognised by the community it serves; and

· The association must be the spokesperson of the profession.

Making professional development a life-long challenge

The bottom line is that qualifications, standards and continuous professional development delivers tangible pay offs to financial advisers, their employers and individual investors. For financial professionals, it is about positioning strategically for success. And for financial institutions and their clients, the return on investment is the integrity of the financial markets, improved industry reputation and consumer trust.

With regards professionalism, the survey concludes: “Those who do not make inroads to professionalising their total value proposition to their clients will begin feeling the pinch in a fee-for-service environment where knowledge and professionalism will dictate the quantum of fee charged for the work that is done”.

Editor’s thoughts: The 2012 Cost of Financial Advisory Business Compliance SA survey suggests that financial advisers with professional financial planning qualifications earn more than unqualified advisers. And international studies back up this fact! Do you agree that rising compliance costs and the shift to a fee-for-service model will drive professionalism in the financial advisory environment? Please add your comment below, or send it to gareth@fanews.co.za

Comments

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Added by Peter, 26 Sep 2012
I am of the opinion that the professionalising of financial services is a good thing, PROVIDED, those who impose these regulations, apply similar Fit and Proper regulations to themselves. If one is precluded from running a small sole proprietor type financial services practice due to insufficient experience and/ or qualifications, why should he be able to stand for council or parliament and run a City or the Country? If reasonable Fit & Proper regulations applied to all public office positions, we would have far more competent local and central government, resulting in better implementation of regulations like these, not to mention the effect on corruption etc. Government also wants to regulate fees in some areas like medical, insurance commissions etc, and doesn't preceive this as anti competitive practice. Yet when large corporations do the same, (Eg. Tiger Brands) they are hit with massive fines. Either we have a free market and a comptetition commission or we don't. it shouldn't be applied selectively.
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Added by Experience vs Qualification, 25 Sep 2012
You make the point that “…while financial advisers have a wealth of industry experience they seldom have financial planning qualifications to back this up.". That is like saying a farm boy who has been shooting since the age of three will shoot better if he has a qualification to back up his shooting skills. No doubt such a qualification will contain rules about whom he may not shoot and when he may shoot – sounds like the RE exam – but the qualification will not improve the wealth of shooting experience that he has acquired since the age of three.
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Added by Bidnis Man, 21 Sep 2012
Stereotype time. When I left school you could take two paths into the business world. You could subject yourself to several more years of pain and suffering of studies (together with zero income and all the joy of life that brings with it) - or you could 'get a job' which normally involved selling, financial services was a big hirer. Put another way - the nerds became professionals and the jocks became insurance salesmen (of course there were exceptions but I believe the generalisation stands). Everyone was happy... for a while. Following Enron the power shifted strongly in favour of those who want to regulate everything in business. Now we have to live through the pain and suffering where a whole industry of salesmen are being told they need to become professionals. 92% never studied further because that was their individual choice not to do so. I am fully on board that professionalised advising is better than insurance selling in theory but I think that it is just an unrealistic plan to effect the change when only 8% of industry are individuals suited for this. The change needs to be phased in over a 45 years - a working generation. It also needs to come from the bottom up (clients wanting professionals) and not rammed down everyone's throats by the FSB.
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Added by Cynical Simon, 21 Sep 2012
Oh, so this is what it is all about. Fees in stead of commission! And to think there were those of us who labored under the misconception that Big Brother really had the Brokers's professionalism at heart whilst all the while it was all about the manner of remuneration. Commission is seen by the Political Liberals as so serious a conflict of interest that it should be eradicated at all costs whilst dishonesty,stupidity and atrocious politically inspired practices [such as BEE]are hailed as being Simply Divine. Alas!! We are surrounded by idiots!
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Added by CF, 20 Sep 2012
A fee-for-service model will drive professionalism BUT where its easy for your Affluent client to pay this fee ,what about the Entry market client. ? The one that start out in the job market -can they afford a serice fee for one policy(which is all they can afford now) Will the Broker/Advisors that service those clients survive or will they simply leave those clients to the Direct Marketing markters and do the Planning for the affluent/well off clients ? What fee do you charge a client who needs an Education policy of R200 pm or a basic Life policy with a premium of R200 pm. Will you as an advisor do all the paperwork/compliance/FNA`s/travelling etc for a small service fee ? Idont think so. The end result will be that that entry market will be ignored and will the Financial service industry be blamed for this if those client become part of the Goverments financial burden ? Just asking?
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Added by AndreK, 20 Sep 2012
Some time ago I have read an article on moves by the FSB to exclude people in the higher and corporate market from all the red tape of FAIS legislation, because they should have the knowledge to now what they are buying. Interesting. As far as the pool of people who can afford to pay for intermediary services is concerned, everybody has been talking about the piece of cake that will become bigger, needless to say, there were never a cake on the table. It is merely a pyramid which implies that the base,those who cannot afford the services, are becoming more and the top is flooded with capable intermediaries, which taking in consideration the propose legislation, means that there would be much less a intermediaries in the future who can operate financially sound. Dying breed, that has got nothing to do with professionalism. I do know a lot of industries, which are so called professonal, who are just as full of fraud as the financial industry. And, by the way, whilst i am ventilating, it really grieves me that every dick-tom-and-harry can have a go at our industry, regardless of their background, and they can say whatever they want, without taking responsibility for it......and we have to take it on the chin...? Not cool
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Added by garrick, 20 Sep 2012
Yaddah, yaddah, yaddah. Research, surveys, compliance, bureaucracy. Bring it on, boys! What is being sought here is simply this : We must be thoroughly professional and qualified. It is of no concern to regulators if we actually end up working for FREE as long as we can afford annual license fees and levies. Ideally we should also be sued each time the market suffers a reversal and a clients sustain a loss. Thank goodness I already have my best years behind me and will not have to do this for very much longer. The fun went out of it a long time ago. I look forward to the next slew of irrelevant, highly priced exams. Gee - this industry is becoming both a job creator ( oversight ) and a job destroyer ( intermediaries ). Franz Kafka would have loved this developing scenario!
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A highly regulated financial services environment will drive professionalism
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