orangeblock

A call for calm as RDR causes waves amongst intermediaries

24 November 2014 | Talked About Features | The Stage | Jonathan Faurie

It has been just over a week since the Financial Services Board (FSB) launched its Retail Distribution Review (RDR) White Paper, and while there has been some concern in the industry, the FSB has urged those who have issues with the White Paper to remain calm and go through it with a fine tooth comb.

FAnews spoke with Jonathan Dixon, Deputy Executive Officer of Insurance at the FSB, Caroline da Silva, Deputy Executive Officer for Financial Advisory and Intermediary Service (FAIS) at the FSB and Leanne Jackson, Head of Treating Customers Fairly (TCF), about the process and the purpose of RDR and the objectives that the FSB hopes to achieve with RDR.

No death kneel for the industry

There is generally a lot of negativity associated with compliance. Most of it comes from the fact that there is an added element of compliance which companies and intermediaries need to adhere to, but many in the industry are asking why the FSB is trying to fix the dynamics which have served the industry relatively well up to this point.

Collectively, these voices point to the fact that the industry will be a shadow of its former self in the future with some even going so far as to say that RDR will be the death of the industry. This was a comment on a previous RDR newsletter.

“RDR has been created with the dual purpose of improving customer outcomes in the industry, and creating a sustainable intermediated model. The RDR White Paper has been carefully designed after much consideration and consultation around these two objectives. These concepts are intricately interconnected. Only by building confidence and trust in the financial services industry are you able to have a long-term sustainable model for the intermediated sector. There are a lot of opportunities for intermediaries and intermediated insurers in the White Paper and we urge them to grab hold of these opportunities with both hands,” says Dixon.

Debunking negative perceptions

The general consensus that we got out of our previous RDR newsletter was that the perception towards RDR by advisers in the industry has been negative. However, Da Silva says that the feedback the FSB has been getting has been generally positive.

“So far, the industry reaction to RDR has been extremely positive. This has been centered around two specific aspects. One aspect is that the structure of the White Paper is very favourable. This is because of the detail, thoughtfulness and understanding of the market that has gone into the development of the paper. The second aspect is that the proposals made significantly benefit the intermediary, specifically when it comes to addressing matters of conflicts of interest,” says Da Silva.

Dixon does acknowledge that there is some negativity in the industry. “Where there has been some concern, we feel that it is coming from a natural fear of change. Maybe people have not had the time to read and familiarise themselves with the proposals. I think some of the negative reactions come from the misperception that the outcome will be hurtful or negative towards the intermediaries’ revenue streams. Once the intermediaries have had time to consider the proposals more carefully, they will see that what we are essentially saying is that we cannot believe how anyone can feel allegiance to a bad system,” says Dixon.

He adds that it is bad for customers because in many ways it undermines good outcomes; and we feel it is bad for intermediaries, particularly financial advisers and their sustainability and their ability to compete in this market with this system going forward.

The absence of commissions

The FSB proposes that commission in the investment space be completely banned while a 50% commission on the replacement on life risk products be banned. This has caused a stir in the industry.

“You cannot get commission on a replacement product, but you can negotiate a fee for that replacement. You have a primary duty as an adviser to advise on the interest of the customer, and if you are providing that advice, you should be paid. However, this must not be motivated by commission,” says Dixon.

This advice fee will be facilitated by the product provider and can either be an upfront payment or an ongoing payment. This will negate the worry that advise fees will out price customers in the lower to middle income earning markets. But there will be safe harbour guidelines which the FSB will establish. In order to establish these guidelines, the FSB will consult with industry stakeholders and consumer representatives in order to come up with an acceptable rate.

Changing the look of advisers

The traditional way in which advice is provided in the industry will change.

“In the past, advice was either given by independent financial advisers (IFAs) or tied agents. We are keeping these two categories, but we are also adding another category called a multi-tied adviser. We need to sit and define what the difference is between an IFA and a multi-tied adviser, but we need to set additional standards where there are strict controls over conflicts of interest with multi-tied advisers,” says Dixon.

The RDR proposals will be implemented in a phased approach. Phase one involves changes with the current regulatory framework and is estimated to take place during the first half of 2015. Phase two involves changes post the effective date of the implementation of the Twin Peaks model which is estimated to take place during the second half of 2015. The final phase involves changes post effective date of the future overarching market conduct Act which is estimated to take place in the first half of 2016.

Editor’s Thoughts:
There is no doubt that RDR will change the face of the industry. While FAIS professionalised the industry, it possibly did not create the level of trust that RDR hopes to achieve. With trust, a sustainable model can be created whereby intermediaries can form lasting relationships with clients who firmly believe that a product is being sold to them because the intermediary has their best interest at heart. Please comment below, interact with us on Twitter at @fanews_online or email me your thoughts jonathan@fanews.co.za.

Comments

Added by Brian Foster, 25 Nov 2014
Some mixed views here which is understandable, but I see a massive future for forward thinking advisers that embrace proper financial planning.

If you are still stuck in product-sales land, then it's going to need a change in mindset first. The industry trained you to sell its products and give away the bit that was really valuable. Now you have an opportunity to re-shape that equation.

Article in the UK MoneyMarketing mag today says basically no real change to adviser landscape, except that bank-based advisers have fallen by around 23%...

http://www.moneymarketing.co.uk/2016577.article?cmpid=mmbreak_699103

That's massively good news for the professionals that remain. If you run a financial advice firm and you want to survive RDR, go onto my website and download my book "Keep Calm & Survive RDR" - It's free... you don't even need to give me your e mail address.

www.brianfoster.co.za

Report Abuse
Added by Skylimit, 24 Nov 2014
@KT

I am in the same boat as yourself and I think that that the main reason for Broker apathy is because the majority are elderly and looking forward to their 'retirement". For you and me with a good 20 odd years still to go we are going to be the most affected.Whether we like it or not,if we truly care we need to band together and form a Union cos its just going to get worse.The abuse from Product Suppliers, FSB, etc etc is just going to mount up.Lets even the scales a bit.Brokers are an integral part of the economy.Time to flex our muscles.Time to subsist off our diminishing rolls whilst everybody fights for new business for a good 6 months.All big insurance companies don't have enough airtime to go direct... Outsurance has tied that up every 5 minutes of the day. This country was built mainly on the Minining and Life Assurance Industries.Now look at the state of both sectors.
Report Abuse
Added by JACE NAIDOO, 24 Nov 2014
FIRST WORLD IDEAS TO WORK IN THIRD WORLD ECONOMIES????

WHY ISNT GOVERNMENT FUNDING THE FSB BUT AS ADVISORS WE MUST FUND THE FSB WHO IN TURN ARE ALL OUT TO REDUCE OUR INCOMES!!!!
Report Abuse
Added by Craig A, 24 Nov 2014
@cynic. I agree that the RPAR is pathetic, I suggested to the FSB and ASISA that the form should also have the comparative quote that is replacing the original policy. That way, you'd be able to compare the premiums, benefits AND show the client the new commission that the adviser is getting. Of course, i had no response.
I also agree with Eric, some policies have to be replaced if you are going to give the client the best advice. Its quite sad that rules have to be made in order to stop the minority from being unethical.
Report Abuse
Added by cynic, 24 Nov 2014
The self-governing model has sadly been abused by greedy product providers and some intermediaries where churn has been the name of the game. ASISA relaxed the replacement policy process under pressure from certain well-known PPs. The current replacement policy disclosures (if made at all) are a joke (cheaper premium, better benefits etc) and are a smokescreen to hide churn. I support the idea of an intermediary receiving an advice fee for a replacement and then some trail income to service the policy. But the disclosure requirements for replacements must be increased considerably. The intermediary should first approach the current PP and request them to match (in many cases a mere explanation is needed) any differences on a re-quoted benefit. Intermediaries and PPs most affected by these proposed regulations are the high-churn specialists who sold their souls for large up-front payments and who hide behind so-called Tied models to receive additional income.
Report Abuse
Added by KT, 24 Nov 2014
I agree that one needs to read the hefty 96 page document to clearly understand the change that is inevitably going to come about. I also agree, to a certain extent, that the reduction of commission may be necessary.

I have been in the industry for 12 years and have concentrated mostly on life business. I do not have R100mil under management that pays my bills every month. I rely largely on 2nd year commission, renewal commission, commission on premium and cover increases etc., which as I understand, is also falling away, to produce an annuity revenue. It will take much time before the 'pay as you go' system starts paying off and sustaining my business.

So I, in effect, am taking a 50%-60% pay cut. I am 42, honest and diligent with my work processes. What a loss to the industry it will be when I am forced to 'opt out' if this indeed comes into effect.
Report Abuse
Added by Paul, 24 Nov 2014
Alan's comments above are very relevant. If you do not have the time to read all 97 pages, at least just read the 6-page management summary contained in the introduction. Those who do proper financial planning will now be rewarded for their diligence via an advice fee. In contrast to the UK model, product providers will still administer payment where the client elects this, rather than pay out of their pockets. They have always paid it in the past anyway, despite some seeming to think that the product providers paid comm out of their own pockets. The only real difference is that the client will now understand exactly what he is paying for via clearer disclosure.
Report Abuse
Added by Andre Kruger, 24 Nov 2014
Show me how many intermediaries has left the industry over the last 10 years and show me how many started a "career" in this industry? The writing is on the wall!!
I have seen many changes in the last 32 years and the advisor were always the one that has to pay, no support from anywhere. We should get legislation in place to protect our income from the authorities; they are unconstitutional in their behaviour, together with the insurance houses!
The authorities are systematically busy wiping out an industry, and that will be in less than 10 years from now, after the present force has retired. There will be lights burning but nobody will be home to open the door and to service the clients!!
We have to deal almost on a daily basis with the internet that's down, coping with cost escalated by the insurers and FSB, increasing legislation fees and then salaried employees which has made it their daily task to under the cover of protecting the public, demolishing an industry simply by legislation without being challenged in any way.
Intermediary bodies is far too weak and moderate to deal with these cowboys, and they simply got bulldozed by the legislator as and when he wants, to the detriment of intermediaries , and take note, working for 20 plus years in the industry without a salary. How is it possible that we allow salaried employees to determine our income?
No other industry receives so much interference from authorities, salaries are determined by misconception created by the press and there cronies!
Paper is patient, old saying talk is cheap, and money buys the whiskey!!.
The constitution seems to be protecting only clients, and nobody else! Fail!!!!
What about my rights to make a decent living and to make provision for retirement?
There is no way I will encourage anybody to make a career in this industry or what's left of it, sorry!

Report Abuse
Added by Eric, 24 Nov 2014
I could only laugh when I read that the FSB statement of their thorough understanding of the industry. They clearly have no idea and are addressing the wrong issues.

The long and the short is that many if not all of my staff will have to be retrenched. I will have to sacrifice my standard of living, for which I have worked very hard!

On the issue of replacement. Stop those advisors that travel from company tot company every 2-3 years and that then churn all their clients...easily done, if you receive more than a certain % of replacements from any FSP (issue all role people in the industry a stake number that will never change so you can keep track of them), investigate and act accordingly. We have to replace policies, due to unfit advice, better products, changes in clients circumstances, and 100 other reasons, that all fall into legitimate reasons why to replace a policy. If we do not get paid to look for better solutions, why will we do it (once again not talking about serial churners that should be taken out of the industry). Now companies can ring-fence their inferior products, because there is no incentive to correct them.

We send out a questionnaire to our clients. All came back choosing the commission option as good value for money for them and us. Non indicated they will be willing to go onto a fee pay as you go type of service structure. Where does the FSB base their research on??

I have been an independent for 13 years and have succeeded to build a successful brokerage, going from strength to strength with a persistency rate of more than 96% at all companies. On what does the FSB base their statements that the current model is not sustainable??

Who at the FSB will be willing to take a 50-60% pay cut, work more, incur more expenses, take on more risk and duties??

Let them put their money where there mouths are!! Fat cat bureaucrats, not having an idea of what they are talking about and can afford to make mistakes at other peoples expense!!
Report Abuse
Added by Peter, 24 Nov 2014
I'll be leaving the industry, the constant attack on what advisors earn is unjustified and it will drive up the cost of advice as most people I think will leave, the risks will no longer be proportionate to the salary. This industry is becoming over regulated, with too much paperwork, with clients getting the benefit of the doubt... it's ridiculous and now, they want to pay us less. As advisors leave the industry and the barrier of entry is rather high, I think the cost of seeing an advisor, will cost as much as seeing a lawyer, if not more. Well done, way to ruin an otherwise well functioning industry. And this nonsense of transplanting legislation from other countries must stop, we don't opeate in the same environments.
Report Abuse
Added by Skylimit, 24 Nov 2014
I spoke to a Broker recently in the UK who has a practice now and before RDR was introduced in the UK and basically it has taken him 10 years to get to the same level of earnings that he used to have 10 years ago.I have already given 20 years of my life to this industry and I am in no position to give another 10 years of my life to 'Charity Work'.Everybody else is getting ahead except the Advisor who is going backwards at a great speed of knots.For the risk we take on, we are not getting fair renumeration.It is all no Risk and no reward.I personally got my NQF 6 recently but now have no more desire to continue studying as i feel there is no more future in this industry.Furthermore, if you want to sell your business, you are lucky if you are offered 1X annual earnings.The main reason is that potential buyers say you have the relationship with the client and without you they may not be able to continue that relationship.As a result, the potential buyer calculates in a drop off percentage which translates into a lesser value for your business.Whats the point?
Report Abuse
Added by Rob, 24 Nov 2014
Once again the FSB are taking things to the extreme. In the UK when RDR was introduced it effectively killed the market for new retirement investment and the focus is now purely on consolidating retirement plans onto one platform where the costs and charges, although transparent, actually cost the client more than the previous commission model. In addition, nobody sells/promotes new retirement investment because it is just not financially viable for the advisor. However, life insurance policies are still sold on a commission basis and the clients are happy. It is rare that a client will replace a risk product if it is not to their financial advantage so the replacing of a policy will only happen if the new product is either cheaper or provides better benefits which is a win win for the consumer. There is no reason why these products should not be sold on a commission basis as there is no investment element.

In the UK however there are social benefits such as state pensions and disability/unemployment benefits that will sustain the populous, unlike South Africa where if you don't provide for yourself nobody will. So without financial advisers actually encouraging people to look after their affairs, the majority of people won't. This in turn will have a devastating effect on the economy and place further pressure on the fiscus.

Well intentioned first world solutions in a third world economy just aren't viable and the only people who will get and use financial advice are the rich, so the rich will get richer, the poor poorer and the government will complain and blame the private sector. It's pathetic.
Report Abuse
Added by Alan, 24 Nov 2014
I agree with Jonathan Dixon - "Maybe people have not had the time to read and familiarise themselves with the proposals"

The document is 97 pages long - read it and most of the negative perceptions with disappear.
Report Abuse
Added by Alan Henderson, 24 Nov 2014
If commission on some products is going to be reduced or removed altogether, will the underwriter discount the premium to the client to make up for the loss of commission expense to the underwriter. This would make space for the broker service fee on top of the reduced premium so the client doesn't pay any more for the same service and product they are getting now. Without this happening, the cost to client will increase without any increased return for the client which flies in the face of TCF.
Report Abuse
Added by tim Jones, 24 Nov 2014
I think that this article is misleading and the FSB are fooling themselves . all my colleagues are extremely concerned and are worried about their futures. what we all want to know is just what the product providers are saying and how do they plan to respond?!!!
Surely, we have to operate in a competitive free market where consumers benefit from ongoing improvements to products. Yes, serial churning should be prevented but according to FAIS we have to apply our minds and give the best possible advice according to our clients situation. We have to get paid for doing that in order that we can stay in business!
Report Abuse

Comment on this Post

Name*

Email Address*

Comment*

A call for calm as RDR causes waves amongst intermediaries
quick poll
Question

The Leo Cash and Carry transfer of 4405 bitcoins is a reminder to consider exchange control regulations before moving cash or crypto offshore. How do you approach exchange control compliance?

Answer