More uncertainty for financial advisers

The Financial Services Authority today issued a feedback statement to the responses  received to the ‘Retail Distribution Review’ - a discussion paper first published in June last year on the future delivery of financial services in the UK.

The RDR discussion paper, for anyone who hasn’t read it, asked for proposals as to how the financial services industry could make “more consumers have sufficient confidence in the market to want to use its products and services more often. To achieve this, we need an industry that more clearly acts in the best interests of its customers and treats them fairly.”

It has been a complete mystery to most people as to why exactly the FSA needed to embark on this particular exercise just now, given that financial advisers have had to cope with endless regulatory change over the last 20 years, with little tangible benefit to the consumer - from the maximum commission agreement of the 1980s, to polarisation in the 1990s, and more recently depolarisation.

 The industry has also had to cope simultaneously with numerous EU directives - from the Distance Marketing Directive to Mifid and even one called MAD (yes, really) which I believe stands for the Market Abuse Directive.

Today’s feedback statement was underwhelming to say the least. Given that the FSA has received over 900 responses from an industry anxious to know its fate, it is dispppointing that the FSA could come up with nothing better than to effectively say: “Thanks, guys, but we need more time to consult and, by the way, it’s still up to you to find “market led solutions” on “professional standards, remuneration arrangements and the provision of simple services to consumers.”

The FSA’s press release continues to state the bleedingly obvious: “We think a simple landscape is important if consumers are to understand the industry and have trust and confidence in those they are dealing with….. However, we do not underestimate the significant difficulties that come from this simple picture and we need to deepen our understanding of the impacts on consumers and firms….”

So clearly, nothing has been decided and advisers (and their clients) will have to await clarification in October this year, when the FSA is due to issue its final proposals and a timetable for implementation.

Most IFAs I have spoken to think the whole exercise is a complete waste of time, as was depolarisation before it, which many people regarded as a retrograde step. Polarisation had worked reasonably well for around 10 years and the general public was starting to understand the difference between an IFA and a tied agent.

What the FSA has proposed in the RDR would simply add further confusion to an already confused public. The best thing the FSA could do would be to ditch the whole exercise and let advisers just get on with the job of advising their clients. 

Right now they need more regulatory upheaval like a whole in the head.

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IFA news round up

All eyes were on Alistair Darling in March to see whether he would backdown on any of his unpopular proposals for capital gains tax and broker bonds.

But the budget carried few surprises, with most of the changes having been announced in Gordon Brown’s 2007 budget. But crucially, there was no last minute U-turn on the taxation of broker bonds. Despite this, AIFA director general, Chris Cummings, urged advisers to be cautious on transferring clients out of insurance bonds.

There were small changes to pensions, such as allowing trivial pensions below £2,000 in occupational schemes to be commuted and for individual who emigrate to draw on their pension benefits abroad in line with local tax rules. There was also a welcome increase in the annual amount that can be invested in qualifying EISs to £500,000.
The RDR debate continued apace, with the chief executives of Bankhall, Sesame and Tenet warning that customer agreed remuneration (CAR) is a widely misunderstood term, dubbing it a “dressed up form of commission.”
 
Elsewhere, Morgan Stanley executive director, equity research division, Jonathan Hocking, predicted that CAR could trigger an increase in fund performance fees.
 
Research published by True Potential showed that nearly 80 per cent of adviser turnover still comes from initial commission, with only 5 per cent coming from fees. 
 
Norwich Union defended the payment of indemnity commission on lump sum GPP business, despite the fact that Friends Provident and Royal London refuse to do so on the grounds that it can take up to17 years for policies to become profitable. 
 
Elsewhere, Ernst & Young predicted that advisers will be split evenly between professional financial planners and primary advisers, with middle tier advisers squeezed out of the market by 2014. 

E&Y director of insurance, Malcolm Kerr, speaking at a Cicero Platform Forum, predicted a huge increase in direct-to-consumer wraps and the increasing use of wrap by retail banks.

Broker funds
At the same forum, FSA director of retail policy, Dan Waters, warned against a return to the “bad old days” of broker funds because of the increase in advisers launching their own fund ranges. Waters also raised the issue of the costs charged for re-registering  assets off platforms, describing current market practices as ‘Byzantine.’

March also saw the publication of Otto Thoresen’s proposals for a national money guidance service which would offer the public information on personal finance issues.

Royal London, executive director John Deane, said the problems surrounding means testing and auto enrolment into personal accounts could mean the service would be dead in the water.

In the run up to the 31 March deadline for firms to be able to measure TCF, the FSA warned that a third of firms were not complying.
 
Personal accounts
Elsewhere, Paul Myners, chairman of the Personal Accounts Delivery Authority, admitted that some people will be worse off with personal accounts because of means testing, but compared the new pension scheme to car seat belts -  occasionally detrimental, but worthwhile on balance because they save more lives than they lose.

Royal London head of communications, Alasdair Buchanan, warned that many employers would give up company pension provision and move to less generous personal accounts, due to  the majority of existing employer schemes being based on basic pay, whereas the Government wants the exemption test for personal accounts to be based on total band earnings.

FOS fees continued to attract much debate in the wake of the Trowbridge county court judgment in favour of two IFAs who refused to pay FOS fees because the cases were not upheld by the Ombudsman. Despite this, AIFA urged its members to continue paying FOS case fees even when complaints are unsuccessful.

On the Sipp front, Suffolk Life called on the Government to amend capital adequacy requirements for the self investment of protected rights to ensure  a level playing field between insurance and trust-based Sipps.

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