Print Post Approved PP255003/00299
Vol.25 No.13 | April 14, 2011 | $6.95 INC GST
The publication for the personal investment professional
www.moneymanagement.com.au
PLANNERS WON’T NOTICE AMP/AXA MERGER: Page 5 | RESEARCH HOUSE ROUND-UP: Page 22
Reforms could overburden planners By Milana Pokrajac THE number of legislative and regulatory changes for the financial planning industry coming through in the next couple of years could be too burdensome and distracting for advisers if the transition period is not applied properly, according to Association of Financial Advisers (AFA) chief Richard Klipin. His comments followed the release of the Australian Securities and Investments Commission’s (ASIC’s) consultation paper on the new assessment and professional development framework for financial advisers, as well as the Treasury’s arrangements regarding financial planners providing tax advice. The new consultation paper on licensing arrangements released by ASIC, CP153, proposes all new and existing planners be subject to a national exam to ensure they possess the necessary competencies. The proposed framework also includes a mandatory professional year for all new advisers, as well as a knowledge update review requirement that would be completed every three years.
Richard Klipin According to the Treasury’s announcement released last week, planners will also need to gain an additional form of registration to provide tax advice within the context of providing financial advice. “To attain these competencies financial planners would be required to have certain tax-related qualifications to ensure that quality advice is provided and consumers can rely on that advice,” Treasury stated in
Licensees warned on client files By Mike Taylor
FINANCIAL planning licensees may have to curtail the practice of allowing authorised representatives to take both clients and client files with them when they move to new licensees. At the very least, licensees have been told they will need to tighten their arrangements around authorised representatives and client files or risk finding themselves in breach of their licensing obligations. That is one of the key warnings contained in a guidance note issued to subscriber firms by Paragem Dealer Services, based on increased activity levels by the Australian Securities and Investments Commission (ASIC). The compliance note, written by Paragem head of compliance Michael Rowles, reminds firms that it is a condition of the licence that licensees retain client files for seven years after the advice has been provided to the client. “In practice, many licensees operate through authorised representatives and typically allow the authorised representative on termination to take
the clients to the new licensee. Consequently, the files remain with the authorised representative,” the guidance note said. “This would appear to be an immediate breach of the licensee’s obligation and equally, it poses a costly challenge for all licensees to maintain their records on file,” it said. Rowles said that licensees had sought to address the situation through commercial arrangements with their former authorised representatives and the new licensee, aimed at ensuring the files would continue to be available. However he said the effectiveness of this arrangement was now questionable because of the number of licensees for whom an authorised representative might work inside the statutory seven-year period. Rowles said Paragem had a licensee client that had followed this commercial approach but, when confronted by an ASIC requisition for particular files, the authorised representative could not Continued on page 3
its announcement of the new regulatory framework. Klipin agreed that planners should continually develop their skills: “Having competency tests, the professional year under supervision, knowledge updates and continuing professional development will certainly drive the profession to greater heights and greater standards and the AFA certainly supports that.” But Klipin added that these requirements, combined with changes flowing from other Future of Financial Advice proposals including the opt-in arrangement, had the potential to overburden small businesses. “The greater concern we have across all of these changes is the quantity of change coming through and the pressure it will put on small businesses to adjust and to change,” he said. According to Klipin, the cost, time and effort involved in adjusting to change of such proportions would certainly add distraction. “We need to ensure collectively that implementation is effective so that it doesn’t disrupt what the focus of the profession is which is serving their clients and providing outcomes,” he added.
The Financial Planning Association (FPA) chief, Mark Rantall, said there was a big risk of change overlay. “I think that any changes need to be well thought through to make sure they’re necessary and that they’re able to be logically put in place by financial planners with minimised disruption to their business and the service they provide to clients,” Rantall said. Mercer financial planning partner JoAnne Bloch said the moves were a mixed blessing, with the higher educational requirements being welcome but the extra burden being placed on financial planners being problematic. “It is a lot of change, but we do support lifting educational standards,” she said. ASIC is considering a three-year transition period to be introduced for all existing advisers and a shorter phase-in period for new advisers “to minimise disruption to industry”. The regulator stated that industry participants could provide feedback and comments on the proposed requirements relating to professional development and assessment until 1 July, 2011.
ETFs
Explosive growth EXCHANGE-traded funds (ETFs) have been the success story of recent years, with increased popularity and intense competition stimulating growth in the sector. Predictions by industry experts also suggest this growth is likely to continue, with forecasts that the total value of funds under management in the sector will skyrocket by more than $1.5 billion by the end of the year. However, that explosive surge in popularity may also be stimulating the growth of teething problems in the sector. Increased competition, a proliferation of new products and a need to differentiate is pushing product providers to develop more niche ETFs that are riskier, more expensive, and narrowly defined – threatening the original attraction of low-cost, transparent ETFs. While growth in the sector is encouraged, industry experts are beginning to worry that increased complexity in the sector could lead to problems further down the line. FULL REPORT PAGE 16