Advisers hit out at FSA over unresolved rules

IFAonline | 10 Aug 2011 | 15:15

Categories: Regulation

Topics: RDR| FSA| wrap platforms| commission| Martin Bamford| Informed Choice

nigel-speirs-head-of-distribution-sanlam-uk

Advisers say the FSA is letting firms down by failing to rubber-stamp key rules, preventing them from planning into next year and beyond.

Although the regulator has issued Policy Statements - effectively final rules - on platforms and the distribution of retail investments (RDR) from 2013, a number of issues remain unresolved.

Final guidance on the application of VAT on adviser charging will not be published until next year, while the expected prohibition of cash rebates to clients on advised business has been delayed so the FSA can conduct further research.

The regulator is also yet to issue rules on firms receiving commission on legacy products after 2012.

Simon Webster, of Facts & Figures Financial Planning, said: "How can I make firm plans for my business when I do not know exactly what some of the rules are?

"I should be in a position now where I know exactly how my business will operate on 1 January 2013. It should be crystal clear.

"But planning for some of these issues may be the difference between profit and loss."

Nigel Speirs (pictured), head of distribution at Sanlam UK, which recently launched a specialised wrap for advisers outsourcing to discretionary investment managers, described the cash rebate delay as "annoying".

"The uncertainty makes it very difficult to plan strategically," he said. "With our portal, we assumed cash rebates would be banned and we assumed full transparency, so we have made it very clean.

"We have been living with uncertainty for five years."

Informed Choice managing director Martin Bamford said the industry "craves certainty" on the cash rebate ban.

"In terms of the rebate delay, I am in two minds - part of me thinks it's good because it gives us opportunity to lobby again and explain to the FSA why it should not ban cash rebates.

"But the other part of me, like most IFAs, craves certainty. To say the decision is being delayed does not put us any further ahead, particularly when we have the RDR deadline coming up.

"But I do not think the delay creates a problem in terms of being RDR-ready. AS long as advisers are disclosing things properly, the mechanics of payments are less important."

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FSA rules

Interested to know why the only issue for some IFA's is the 'Cash rebate' decision, as if that is automatically the correct post RDR way of dealing with a client. Cash rebates are just another form of commission, so like fund manager rebates they have to be banned as well. If we as IFA's want clear transparency then no rebates of any sort should be allowed, for all platforms, WRAP's and fund supermarkets including execution only. Although I am pro RDR, I agree with the commentator who said that it is impossible to plan a business's future without knowing exactly what you're planning for. I've given up trying to write a full Post RDR business plan for my business, as it is costly, time consuming, and very likely to change.

Posted by: Phil

10 Aug 2011 | 16:03
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Impossible

Writing a post RDR business plan is like a mother frog trying to give jumping lessons to its baby tadpoles. The only predicatable thing is that when commission is banned, IFAs will disappear. How can you write a business plan when you know that business is no longer possible?

Posted by: Ken Durkin

10 Aug 2011 | 16:16
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Ban everything

Transparency..thats right Phil. You can be whiter than white, better than the best, so ban the Provider Calendars, Provider Tax Guides, Ban the provider Pens, Ban the lot Ban O845 numbers, Ban being a guest at the awards dinners, Ban, Ban, Ban!

Posted by: Smudger

10 Aug 2011 | 16:24
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NO SURPRISES...

Everyday we read articles regarding the FSA and how they plan to do this and plan to do that, but everybody should know by now that they make the rules and think about them later. And then they have to change them, and then change them again. Hence, consultation after consulation. Blind leading the blind. They haven't a clue how IFAs work, and they're not interested. They attempt to solve issues that aren't there and dont' - or refuse - to deal with the big problems....like the 'advice' that banks advisers give. Shameful.

Posted by: Keith Jayne

10 Aug 2011 | 16:53
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Mission Impossible

What we know: 1. Clients need independent advice and in our experience many/ enough are prepared to pay for it... 2. A c 3% adviser charge on new investment money is commerically viable for adviser and client; 3. Ongoing trail (now adviser charge) of between .25 and 1.5% is acceptable to the market dependent on service proposition. 4. Legacy trail continues for existing relationships 5. Those that want to can take commission on non investment business. So with a number of key questions unanswered and the whole thing being unnecessary, expensive and almost certain to change in 5-10 years when some new FSA supremo wants to make a name for him/ herself, RDR is most certainly difficult but not impossible...

Posted by: Simon

10 Aug 2011 | 17:00
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Central Planning Chaos

I have posted everywhere time and time again that central planning - e.g. the RDR - by functionaries who are always ignorant, always but always creates chaos in the spontaneous order that arises automatically from freedom and markets. In this case combine the Failed FSA's ignorance with its arogance and you have the receipe for the most toxic of attitudes. No-one should be surprised about the chaos that will now ensue and the livlihoods that will be destroyed and the private citizens - our clients - who will suffer epic 'detriment' as fallout from the RDR. It will fail.

Posted by: Steven Farrall

10 Aug 2011 | 18:11
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Do as We did

No longer in the industry so interesting to look from the outside. 12 years as an IFA - how many FSA visits? One - 2 weeks after we started in 1998. Rules and regulation and all the proposed changes since 1998? We just ignored them all until they were law or we would have spent half our time redoing stuff over and over. Number of complaints over that period? None.

Posted by: Don Thompson

11 Aug 2011 | 08:24
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"In our experience"

How often do you hear these pro RDR advisers saying clients are willing to pay 3.0% for lump sum advice, and refer to their own experience. The point about the frog and the tadpole is that, with all due respect, no one has experience of clients willing to pay 3.0% for lump sum advice in an environment where the 3.0% is in addition to what they can purchase the investment for direct from the provider.There is one thing that financial reporters get right, and that is their contention that products that do not pay commission, and investment trusts are usually cited, do not figure in advisers financial planning - unless of course advisers are getting (or rebating) commission from elsewhere in the portfolio. These pro-RDR advisers will probably be the first to disappear...

Posted by: Ken Durkin

11 Aug 2011 | 10:41
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Rubbish Ken

You have spouted some rubbish here Ken. Clients only know where to go following the advice we give. And if after the advice they want to do it themselves fine. They pay us for the time we take to assess the situation and to make recommendations. We then can implement the plan using clean contracts. It works, we are very profitable and already RDR compliant - however adviser charging finally ends up.

Posted by: Sam Caunt

11 Aug 2011 | 13:15
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