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Ensuring security in the independent financial advice space

14 September 2011 | Intermediaries / Brokers | General | Gareth Stokes

Independent financial advisers plying their trade in South Africa have a number of challenges to overcome. To create a secure and stable financial services environment, brokers must first identify these challenges and then meet them head on. Ian Middleton, managing director of the country’s largest broker network, Masthead, presented his take on the “challenge and solution” debate at the Masthead professional development day held in Johannesburg recently. With more than 2, 600 independent brokers in the Masthead stable there are few better-positioned to comment!

Middleton’s first observation was that advisers and clients face similar environmental obstacles even though their objectives differ. The impact on local consumers through the recent recession is a case in point – consumers are pressed for cash and unable to fund new policies, while advisers struggle to write new business.

On time, money and regulation

One of the top challenges faced by advisers is to balance the “time and money” equation with the impact of regulation. “Advisers are making less money today and spending more time making it,” said Middleton. He quoted recent UK-based research to support of his observation: Over a 15-year period financial advisers in that country experienced an about turn in customer facing versus administrative tasks. In the past these advisers spent four days with clients and one day on admin, today it’s the other way around. It is unlikely this balance will change in coming years as advisers adapt their practices to accommodate additional regulatory and compliance requirements.

Post-recession South Africa will move to a so-called “twin peaks” model for the regulation of the financial services industry. The South African Reserve Bank will be in charge of prudential regulation (how large financial institutions behave) while the Financial Services Board (FSB) will take care of market conduct and consumer protection. “It will take a few years to implement, but the first steps are already in place,” said Middleton. Future changes to market conduct regulation will undoubtedly reflect the current consumer protection focus. “The intention and objective of regulation is to align South Africa with international standards – this alignment is not bad – if we align at macroeconomic, regulatory and policy level we are going to attract foreign investment,” he said. Where will the regulators begin?

The first salvo has already been fired with the proposed Treating Customers Fairly (TCF) regulation. Next steps could include a review of the advisory model. But Middleton – although conceding that the UK and Australian ban on investment product commission had set a precedent – dismissed threats to commission-based remuneration models as premature. The bottom line is that consumers are prepared to pay for good financial advice. And despite the perceptions raised around broker remuneration by the media and regulators, the client is quite happy for product providers to remunerate their adviser by way of commission, whether up front or ongoing. Going forward, industry stakeholders should focus on the value of financial advice rather than obsessing over costs and commissions. Financial advisers play a critical role in protecting their clients’ lifestyles by addressing their insurance and savings needs.

Unlocking the value of advice

A consumer can address their savings and investment requirements in one of three ways. They can adopt a do-it-yourself approach, go direct, or seek face to face advice. Seeking face to face advice is the only solution that guides the consumer through the investment minefield. “Our task is to help customers become aware of their needs and to deliver appropriate solutions in a face to face environment,” said Middleton. And there are dozens of surveys confirming that people with independent financial advisers are more likely to save (earlier and in more appropriate financial instruments) than those who go it alone.

It is high time for consumers, financial advisers and regulators to appreciate the value of the financial advice, given or received. “There is value in the advice we give,” said Middleton. “This value must be paid for – and customers have indicated their willingness to do so!” Is the current remuneration fair? A study conducted by the Actuarial Institute SA (approximately three years ago) concluded that adviser remuneration was not excessive for the service provided. The remuneration models haven’t changed much since, but the administrative and compliance load has definitely increased.

A “win / win” strategy is to engage rather than confront

As new issues come to the fore brokers will have to engage with regulators. “Masthead is about the survival of the independent broker and about assisting brokers to run successful businesses,” said Middleton. The group strives to meet with both National Treasury and the FSB each quarter and will continue to constructively engage the regulators rather than taking aggressive or confrontational positions.

Editor’s thoughts: Regulators often forget they wield a two-edge sword… They forget that with each complexity they introduced by way of regulation they chase more dedicated financial advisers from the industry. Have you thought about leaving the financial advice profession due to the mounting burden of compliance? Please add your comment below, or send it to [email protected]

Comments

Added by Eric, 15 Sep 2011
I have been in the industry for 16 years and been an independent for the last 10. I have no problem with writing exams and the concept of continious education, or compliance. I do however have a problem with the fact that a democratic country's financial industry, which is one of the key industries in any country, is being moved to a state controlled industry. Every aspect is being regulated. It makes sence from a job creation point of view, but that is where it ends. Yes I agree some form of regulations and frameworks must be in place, but over regulation has never and will never work. What ever happened to common sence and free markets? If you Mr Client do not feel that I am worth my fee or commision, you are free to shop around and look for a better deal. Why must commissions be regulated? Let the market dictate! I work in the high nett worth market, and none of my clients have ever had a problem with either the commission or fees charged, but then again, regulation is done to protect the less fortunate. The irony is that those people are now left to their own devises or the fair treatment of direct insurers, who by the way can get away with murder! Has anyone ever made the calculation on the cost to benefit ratio of regulation? I am sure the regulators do, and in order for them to keep their jobs, their ever increasing salaries, offices, traveling expense accounts, conferences and positions of power, they have to try and improve their perceived value offering to the public at broad, and what easier way than to find a common enemy, the broker, from which the public needs to be protected. Does anyone see the irony in what is happening and what will happen to the financial well being of South Africans if the financial planning industry starts losing more and more financial planners. Will these regulators offer up their time for free or at a minimal wage to setup, implement, evaluate and rectify an individual financial plan for anyone that knocks at their door? Think of the job creation opportunities...regulators to regulate the regulators...Animal Farm is alive and well!! We are nearing a time when the principals of high risk, above aveerage return for those few who choose to take the risk and work for themselves and offer employment to others, will come to and end! Yes comrades, why take risks if you can get a cosy job checking others and still earning a above average income!
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Added by Fed Up, 15 Sep 2011
Quite frankly it's screaming at a wall this, I am seriously weighing up my options, as I am trying to make an honest living, but this honesty does not pay the rent, the school fees, the monthly groceries, the petrol, the medical aid, water and lights, car maitenance and the extra classes for my child to attend for reading disabilities, the cellphone costs, stationery the assistant's income. I was told when I started that the hump is over after 5 years, it is now going for year 7 and still I do not see the light, depite being more qualified and knowledgeable. My friends have pay increases for every new qualification passed etc. and I as a tied advisor do not have any increases for each new qualification I obtain. We are being treated like circus animals! I am tired of jumping through every new hoop some desk jockey dreams up every year! This last RE exam was a joke, only the compliance companies are smiling as the fees they are raking in for these exams are making them and the FSB richer, not our clients or the advisors/brokers. You will be losing us in droves and that I am afraid to say will be to the detriement of this country, you think the current lack of savings is bad now? Wait till half of the work force in this industry votes with their feet by looking elsewhere for work and the other half have retired!!!
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Added by Lorraine , 14 Sep 2011
I feel that these current RE exams are not adding any value to my practice. I have been in the industry for 23 years, and I know if I committed fraud or did something that is not according to policy then I will suffer the consequences. The RE exams are a total waste of time, and just someone thinking of another way to make money out of the industry.
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Added by Gary, 14 Sep 2011
How can I have a business strategy for the future when i have no idea what new legislation will be implimented which will effect my cash flow going forward. Will any person keep investing time and money into a failing business or poor business environment? Will my bank help me finance this business with uncertainty on the horizon? NO they will not! However it is expected from the broker to do so because he is in the fiancial industry. He must sell, administer, collect premiums, FICA, write exams and do what ever is put before him by legislation at his own expense. The companies and Legislation have a great business strategy: Pay the broker commissions and hold me liable for the losses for 24 months whereby he will go out of his way to ensure that the clients pays the premiums otherwise he faces commission clawback. During htis period he is forced to service, FICA and do everything necessary expected from him. Look at the profits that the companies are suddenly displaying and you can see that something is wrong and the balance has certainly been shifted and expenses shifted to the broker away from the companies. Will this strategy last? I do not think so because if we look at the new entrants to the insurance sector, it is not happening. Ask yourself why?
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Added by Ann , 14 Sep 2011
I agree with the comments made thus far. It is becoming more and more difficult to survive in this industry. The costs are simply restrictive! Albeit that I have no problem with change and improvements, it has to remain relevant, realistic and financially viable. I absolutely agree with Lorraine above. The costs of staying compliant seem totally outrageous, and yes, I've read all the publications justifying it! After 35 years in the industry I suspect that I have an excellent idea of "Treat your Client Fairyly", FICA, compliance, etc. Surely we can refer to our compliance officers (who have chosen to be in that industry) for any queries relating to the material we now have to study for RE1, etc.
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Added by Cynical Simon., 14 Sep 2011
Engage with Regulators! My word! Engaging is one thing but capitulating is quite another.The debate on commission versus fees is suddenly veering its ugly head again and the Regulators being of the Liberal Persuation have long since made up their tiny little minds that commission is a remnant of the very bad capitalistic system of the oppressing classes which irrespective of the cost must be eliminated.Mark my words:This is not going to go away without a bloody confrontation and Engaging without very clearly defined non-negotiables will not do the trick but is equal to honourless surrender after shameful defeat.
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Added by LINDA, 14 Sep 2011
I totally agree with Lorraine and Gary. I have been involved in the Industry for 25 years and currently provide employment to 21 South Africans, but now the Regulators seem to want to push us out. They claim it is in the interest of the clients and the Financial Industry, but whose interst will be served when there are not enough FSP's left to actually service these clients. We have to spend so much time and money to ensure that we remain compliant, that we simply do not have enough time left to service our clients like we used to! First, our commissions from the Medical Aid companies were slashed to an amount that doesn't even cover costs, now our Risk and Investment commissions are looking vulnerable- where to next? The FSB claims that we need to do the RE exams in order to make us more professional, which means spending more time studying and less time working, and subsequently, less time being of service to those same clients that the regulators want to protect! I am all in favour of transparancy and regulation, but really feel that we are being "over" regulated now, and "under" paid!!!! Just look at the UK and Australia where these regulatory ideas have come from - you would find it hard to find an FSP under the age of 60 and would then have to wait for months on end for an appointment with one of them because there are so few of them left! Our government talks of wanting to create jobs for 5 000 000 people but is going to cause approx 80 000 jobs to be lost by people in this industry that just can't pass these exams or don't have the time or inclination to start studying again at this stage of their lives.
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Added by Frank Agliotti, 14 Sep 2011
I've been involved the financial planning industry for 11 years. Compliance and Regulation is necessary within the financial services industry. To protect the consumer as well as the financial planner. However, there needs to be a balance between regulation, on going education and running your financial planning office which includes, face to face meetings with exisitng clients, prospecting for new clients, getting referrals, gathering financial data, verifying and capturing personal data, following up with your prospective clients and discussing his personal financial needs analysis and then propose your recommendations by discussing your risk, investment and retirement products together with the respective portfolio managers and their risk and performance data over the last 1, 3 and 5 years. This information is provided through fund fact sheets, quarterly reports and attending economic and investment forums offered by the respective single managers, multi managers, LISP providers and Institutions. With all this investment of time, there is no guarentee that your prospective client will allow you to provide him with the respective risk, investment and retirement products. Depending on your personal and professional practise budget which might include operational expenses like staff, offices, telephone, cellphone,electricty, petrol, insurance for both PI and office equipment. Depending of the size of your professional office, your income requirements can range from R30 000 per month to R150 000 per month to break even including provision for your tax directive at 25 %. The challenge is that you are very fortunate to be in the R150 000 per month professional office (less than 10% of the industry professionals) And at least 90% of the income earned is upfront / once off. Financial Advisors must re look at their financial model and which must include a combination of commissions, hourly fees and assets under management. Those who are passionate about guiding individuals towards making better decisions and choices concerning providing for their loved ones at death, disability or retirement and even providing for short term emergencies etc - want to but over time will exit this invaluable industry due to the financial constraints it places on them and their family. All stakeholders need to work closer together with the regulators to find a long terms sustainable solution to ensure that people do not become a liability to the their families and state.
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Ensuring security in the independent financial advice space
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