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It is time for brokers to speak with one voice...

25 September 2012 | Talked About Features | Straight Talk | Gareth Stokes

On Wednesday, 12 September 2012, a group of eight brokers settled down over breakfast for a proactive solution-driven discussion about the financial services industry “issues” that most affect them. The event was the first in a series of FAnews Thought Le

Instead of criticising the product providers – mostly insurers in this case due to the attendees being predominantly in the risk space – the spotlight immediately fell on broker representative bodies and the regulators. Among the main concerns is that the regulator is intervening excessively by way of often ill-thought rules and regulations, while the industry bodies are not doing enough to communicate their members’ needs and concerns to the regulator.

Think (or listen) before you regulate

An overriding concern that emerged during the two-hour long discussion was that the consequences of regulation were often overlooked by the regulator. The attendees were divided as to whether this flaw stemmed from regulatory arrogance, the failure of broker representative bodies to communicate their concerns to the regulator, or both. Whatever the case it seems the Financial Service Board (FSB) did more damage than good by its last minute concessions on matters relating to the RE implementation, for example.

Each of the brokers seated at the table with me agreed that RE was a welcome step towards professionalism in the industry… But they spoke with one voice when discussing its negative long-term impact on the industry. What happens, they asked, when the FSB debars the 10000-plus representatives who do not comply with the RE requirement? One possible consequence is that the FSB will have to hike fees significantly to make up for a sudden dent in its income. Another fear is that the expected debarments will impact negatively on the already poor inroads the industry has made in transforming itself. In short: RE was a great idea, but its implementation could do as much damage as good.

Many brokers believe that the regulatory whirlwind is a consequence of a regulatory machine that has grown too rapidly… It churns out regulation without taking care to distinguish between sensible business practice (operational self-regulation if you will) and harmful practice. Winding the clock forward 10 years we wondered which of the recent regulatory “innovations” would be blamed for the demise of the independent broker. With each new regulation somebody is either being prevented from joining the industry (as education standards are raised) or pushed out (as both the financial and time implications associated with compliance skyrocket)!

A plea for positive broker and adviser “spin”

Among the issues raised at the breakfast is that the general public is unaware of the role and function of a broker. The consumers’ negative perceptions around brokers and advisers stem from the “big money” marketing campaigns of the country’s direct insurance operators. These advertisements have tarnished the brokers’ image and elevate the unqualified telesales agent.

The resulting price-based, broker-bashing view of insurance is more damaging to the consumer than the handful of unethical brokers out there. It is the broker and not the telesales agent that conducts a thorough needs analysis to implement a value-based solution that satisfies regulatory requirements. Yet brokers are in the regulators cross hairs while telesales agents are not. Brokers want assurances that the guys “selling” insurance over the phone have the same qualifications and regulatory supervision as those selling insurance at the front line.

A great deal of time was spent debating what brokers could do to improve their image. I posed the question whether the recent marketing campaigns of large short-term insurers Santam and Mutual & Federal would do the trick… But the consensus around the table was that these advertisements, although positive, were still too brand focused. It soon became clear that brokers would not be able to rely on insurers to carry the pro-broker message.

Speaking with one voice

The only way for brokers to tackle issues around image and perceived unfair regulation is to speak with one voice. Nobody at the table cared who this “body” was, though they indicated there was more sense in having a single strong representative body rather than many fractured bodies. Ironically, when a breakaway body formed to tackle the FSB on RE, the dominant broker representative body stood firm with the regulator to see off the “attack”.

Brokers want a representative body that not only communicates their concerns to the regulator but takes up the fight if there are injustices in the solutions the regulator subsequently carves out. It is unacceptable, for example, that legislation can be prepared – as was recently the case with the Insurance Laws Amendments Act (and its Binder Regulations) – where entire sectors of the industry are totally excluded. It was as if the FSB forgot that UMAs existed! And the industry now sits with a set of regulations that will cause untold hardship for industry stakeholders going forward.

An important realisation is that brokers need to take a greater interest in the industry. If you are unhappy with a direct insurer’s marketing campaign then voice your concerns – if you are worried about pending regulation then make sure that you contact you representative organisation – and raise your concerns directly with the regulator too. Finally – if you feel that the broker image is insufficiently marketed, lobby your product provider and representative body to do more!

Editor’s thoughts: Attendees at the inaugural FAnews Thought Leadership Breakfast (held at the Hollard Campus in Parktown) felt that the professional standards and Code of Ethics adopted by the FPI would eventually have to extend beyond the financial planning space. Can short-term and risk-only brokers aspire to the CPF® or similar qualification? Please add your comment below, or send it to [email protected]

Comments

Added by Moga Naicker, 03 Oct 2012
I fully understand the flustration the broker fraternity is undergoing but my main concern is the future of this industry. As you are aware that the masses out there have none or any insurance ,abeit , Funeral policies offered by banks and call centres
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Added by MG, 27 Sep 2012
It is about time we take a stand and start standing up against the regulators of an industry on the verge of imploding.
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Added by Arnold, 26 Sep 2012
Dear group of 8 Interesting to hear of your Herbert Baker Villa breakfast. Clearly you had a lot on the table or should I rather say on the agenda. Anyone that is involved in representing intermediaries either in the old IBC, SAFSIA or LUASA and now at the FIA could have told you what the issues to be discussed would be. Have you ever attended any one of the FIA 24 branch, seven divisions, four specialist executive committees or the Advisory Council meetings of the FIA? If you had you would know that the FIA as representative body represent intermediaries in four areas namely, Healthcare, Financial advice, Short term insurance and Employee benefits. But in this forum let’s just focus on the two main issues. Representation: What you see in the regulation is the result of hours of top level negotiation between the FIA the FSB and other insurer representative bodies whilst the regulator is hell bent on regulating the industry to be in line with world regulatory trends and agreements. Boasting about these wins in public is impossible because for the mass of detail involved in such negotiations. Get closer to this volunteer action and your eyes will be opened. Image: With direct writers spending in excess of one billion Rand annually on telling clients theirs are the only way, representative bodies are always blamed for not doing enough for the image of the intermediary. To match that we will need about 50k pa from every single representative in the FIA member companies. If we spread that to every single representative in SA we can get away with 10k pa each. Send your money guys the FIA has a PR plan that will knock your socks off. We need wise people like the group of 8. Get closer to the real action by joining any one of the FIA many discussion forums and or committees. Then you will see, how you too, can partake in making a real difference.
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Added by Mark, 26 Sep 2012
The FIA batting for the small guy ? Pull the other leg Arnold. Why don't you just poll their members and ask them if they are happy with their so called performance. No one expects them to do a massive PR campaign, as you appear to be suggesting., but we do expect them to use the funds they receive from the little guys, to stand up as a loud voice against the regulator. And yes we do want to know what wins are achieved on our behalf and see the benefits. So far we don't hear or see much. Just another set of rules that appear ill considered, no practical benefit to the consumer and a massive burden on the small independent. Instead of some lame and expensive PR campaign, I would gladly contribute to help finance legal action for a body who has the balls to stand up to the FSB and take them on and say " NO our members disagree". Like Outa on the Toll roads. Just like a well known union, it's time to get rid of the slackers and form a new one. The current so called representative bodies have too much of a cosy relationship with the FSB and have forgotten who they represent.
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Added by Joe, 26 Sep 2012
Mark, I fully agree with you. When last was any articles published in the media to state what the FIA is doing for brokers? All we see is the fact that they agree with the regulators and their comments on certain issues are very lame. The FIA collects money from us every month and should rather spend it on legal action, than spending it on functions and golfdays that mean nothing to the intermediary or the public.
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Added by Hennie, 26 Sep 2012
Ek wil saam met die die 8 manne stem dat FIA n dooie liggaam is en dat die meeste van sy lede ongelukkig met die organiesasie is n self ondersoek sal hulle met skok uitvind dat van hulle bestuurders ook baie ongelukkig.is Hulle moet n buit e organiesasie aanstel om met hulle lede te praat en dan terug voer te gee.
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Added by Philip, 25 Sep 2012
I agree without reservation to the above. The change of the RE regulations re dates undercut everything the FSB had said. Everyone KNEW of the dates, and after postponements in the past, and their assurances this was absolutely final, the new postponement totally turned the FSB into a toothless dog, and made them a laughing stock! I find the lack of knowledge required by telesales agents a total joke! The knowlege is limited in the extreme - but they are allowed to sell! As I commented in a previous email, the way the current regulations are going the FSB is trying to promote Direct marketers and cut the legs from underneath Brokers...
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Added by Chris Stockton, 25 Sep 2012
No amount of examinations showing knowledge of ethics makes up for ethics. We need a regulatory body that strips unethical practitioners of their licences and professional degrees / diplomas. A public name and shame with the body being able to access all the unethical practitioners client base is needed. Not knowledge of ethics but practise of ethics is required and this applies to the telesales insurers as well. Name and shame the individuals who breach the ethics code.
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Added by Bernard, 25 Sep 2012
I have to agree with every thing that you wrote about and i have to say that regulation 28 is one of those very fast not thought our regulations, a 23 year old who has a Retirement Annuity in a Balanced fund will no doubt do very well in the funds, but in a Property fund even better over the 32 years they would be in the fund. Question, why regulate and disadvantage a person so young when at retirement they need millions to work with and would have in the Property funds than restrict them to Balanced funds only, to me this is over kill on this regulation.
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Added by Gerhardus, 25 Sep 2012
All the brokers have been for a number of years called for a body to represent them. We have seen a new body emerging (AFISA) without very little effect. As long as brokers do not stand together we will never win this war against regulators and product providers. How can a brker be held liable if any product provider approved and licensed by the FSB goes insolvent? Why does no one publish the good that brokers do, and why does the FSB and FAIS Ombud never print determinations that went in favour of the broker? They seem to only focus on the minor % of brokers that do sometimes overstep the rules. Regulation is a good thing but over-regulation will kill us all. Maybe all brokers should embark on a nationwide strike. We will see quickly how product providers suffer with no income coming from brokers.
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Added by Ian, 25 Sep 2012
In my view regulators should have the overarching goals of the SA economy in their minds. If, for example, the regulation is likely to negatively affect employment then it needs to be improved or re-written. I get the impression that most regulators work in a vacuum, ticking off as much new legislation as possible and forgetting the big picture. Most of the financial regulation we see seems to assumes that every broker/adviser is a bad egg and must be regulated to the extreme. The consequence is and will be fewer small businesses in the financial sector, fewer jobs created and consumers receiving less financial advice.
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Added by Wicus, 25 Sep 2012
It is time that all people realize that it is time to invest in yourself and do your own planning. Will you give your expensive car to somebody else to drive? I'm sure you will not. Why then give your money away to someone else to invest? At the end of the day the investor is carrying all the risk and the big insurance companies are making the money and get rich. The system wants to keep us ignorant and by doing so, they keep the masses poor.
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Added by AndreK, 25 Sep 2012
If you want to find a stick to hit someone, it is very easy. My concern is simply that these learned people think out all these laws and are totally unaware of working their plans. There is a HUGE difference in making a plan and working a plan, and they seem to lack the insight of the consequences of their paper plans. None of them has ever been in the trenches, I guess, and does not have a clue what it cost in time and money to implement their rules. sic. O yes, and remember they are un-teachable, they have all the book knowledge and no practical experience. They do not care what happens to the industry, as long as their jobs is secured, regardless of the mayhem they cause in families and the lives of people involved, working for commission, not a salary. The rules (legislation) fails the executable test all the time, and nobody does something about it. They have us on the short and curlies.....my 2 cents
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