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Commission ban back on Govt agenda

The government is considering banning commissions for financial advisers, a move the Institute of Financial Advisers has warned could have unintended consequences for consumers.

Tuesday, April 3rd 2012, 6:00AM 10 Comments

by Niko Kloeten

The Commerce Select Committee has recommended the government investigate the possibility of banning “conflicted remuneration structures in the provision of financial advice” and consult with Australian authorities on the model proposed in that country.

The government said it “recognises the potential negative impacts of commission based remuneration on the incentives.”

It also noted that in the UK the Financial Services Authority had recently banned advisers from receiving commission on investment products.

"Officials will be monitoring the effect of the Australian and United Kingdom bans while liaising with relevant industry bodies and consumer organisations to better understand the role of advice in different sectors, the nature and extent of problems and the likely impacts of any ban.”

IFA president Nigel Tate said the government was “very likely” to follow Australia’s lead on banning commissions for certain types of financial products.

“The IFA’s position on commissions is that we don’t mind how advisers are remunerated by clients – it’s about disclosure and understanding by clients.  It’s up to clients how they pay for the advice.”

Tate said a number of countries around the world had banned commissions on investment products, and he said many New Zealand advisers are already paid fees for investment advice and are therefore well prepared should this country introduce a similar ban.

However, he said that in the risk space, a ban on commissions would be a “retrograde step” given that New Zealand already has an underinsurance problem.

“I don’t see another model that would produce the same volume of sales to people that need it if they were to take away brokerage,” he said.  “I’m a great believer that you can skin cats from both ends.

“At the end of the day it doesn’t matter whether the adviser is paid by commission or fees – the adviser is paid by the client.”

Advisers don’t have to worry just yet – a decision on any possible ban is unlikely to be made until 2016, when the government reviews the Financial Advisers Act.

Niko Kloeten can be contacted at niko@goodreturns.co.nz

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Comments from our readers

On 3 April 2012 at 9:38 am BTW said:
The IFA position (as stated above) doesn't seem to satisy an adviser's fiduciary obligations. Financial advisers (both RFAs & AFAs) have a duty to avoid conflicts of interest. Disclosure doesn't cure or negate that duty. If an adviser puts himself in a position of giving bias advice because he is paid by one provider at a greater rate than others (for example) then he is in breach of his fiduciary obligations and liable accordingly (irrespective of the advice actually provided). Keep it simple. Don't complicate the issue by excusing unlawful behaviour.
On 3 April 2012 at 10:57 am Forthright said:
I agree the Adviser is ultimately paid by the client, I also think it matters a great deal whether the Adviser is paid by commission or fees. If we overlay some basic assumptions over the pool of active life insurance written in New Zealand it should not come as a surprise to many, too realise, the premium payer of an item of risk insurance, is very likely to have paid insurance commissions during the life of the required risk item, of an average of five times. In other words the Adviser, not necessarily the same one, is paid five times for providing the same amount of basic cover.

The corollary is if the Adviser is paid an on-going trail commission of say 20% per annum the result would be the same over the life of the required risk item. Therefore it is fair to assume if the premium payer was asked to pay the same by way of fees, they in all probability would refuse with the result of not obtaining the risk cover and exacerbating the under insurance problem of New Zealanders.

I agree banning commissions on insurance products would be a retrograde step.
On 3 April 2012 at 2:35 pm Nick said:
Why not, instead of banning commissions, make it even more transparent? Why not have it that an adviser must show how many hours, on average, they work per commissionable policy and how much money they make from commissions? That would give people a far better idea of what they're being offered and might explain their behaviour a bit better (pro or con). Also, requiring they disclose all commission rates upfront (between providers) could be good.
On 4 April 2012 at 7:28 am Mark Jory said:
In response to Nick's comment- Authorised Financial Advisers MUST already disclose all fees and/or commissions they expect to receive in their Secondary Disclosure Statement, Registered Financial Advisers however do not!

So perhaps there is a need to 'level the playing field'.

There is however no reason why any financial adviser can't give their client a breakdown of how many hours they have spent working with the client and working out the solution, putting the business in place, and reviewing it from year to year, and work out an hourly rate based on the commission earned or fee charged.

It would certainly be a very low hourly rate in some instances.

There's also nothing to stop an RFA from disclosing their commission if they wish.
On 4 April 2012 at 9:31 am Mike said:
Nick - How much money do we "make" from commissions? What I 'make' is what's left after all the expenses are met. If I am ever required BY LAW to disclose the quantum of commission payable on any given risk sale, then I will voluntarily also schedule all my business expenses - work both to an hourly rate and THEN disclose what I 'make"
On 4 April 2012 at 10:08 am John said:
Retrograde step? No, I think not. Banning commissions on risk business might actually improve the under-insurance problem.

The only problem bigger than under-insurance is churn. The recent new business stats show that sales volumes are almost completely offset by lapses & cancellations. So the current commission model is not solving the under-insurance problem. There are simply too many incentives to churn in this country as initial commission rates are double what they are in Australia.

Moving to a fee-based model means an existing customer is less likely to pay someone to switch providers. Advisers will then have to focus on selling to new customers, rather than tap existing ones, in order to get the same income. Surely then we will have the right incentives to make some in-roads into the under-insurance problem...
On 4 April 2012 at 3:15 pm Amused said:
John - Respectfully you're living in La La land if you think the bulk of Kiwi's would ever agree to paying their insurance adviser a fee to "convince" them of the need to take cover. Not sure how other advisers feel but from my experience most Kiwi's demonstrate an alarming attitude of "she'll be right" when it comes to the subject of life and income cover. Paying an adviser a fee would just give them yet another “excuse” to shirk their responsibilities. The level of under-insurance in New Zealand would actually only increase in my opinion.

Anyway as the article states above the recommendation is that a ban on adviser commissions applies only to investment products not risk.
On 5 April 2012 at 9:29 am Raul said:
If commissions on insurance are banned, all that will happen is that9% of "Advisers" will become tied sales agents paid a salary (and bonus no doubt). The big losers will be clients who will not get advice on which provider's policy best suits their needs, rather they will generally simply wind up with the product of the employee who stumbles across them. Let's take a giant leap back 20, 30 or 40 years!
On 5 April 2012 at 1:12 pm Andy said:
Here we go again - pushing the same old shopping cart. Regarding commissions on investment products - the wealthy are happy to pay fees - they are generally happy to accept that good advice pays dividends. Regarding Risk; Sorry John - fees on Risk products will only benefit the wealthy. The other 80% of people generally do not comprehend the importance of good money management and protection. That is why there are not more millionaires in NZ.

I think the answer is more simple: Either fix commission rates between all companies (will not prevent churn though), or wipe out up-front and go for as-earned or higher trail commissions. Benefits to clients - unbiased advice, clarity and best products. Benefits to advisers - continued income to allow worthwhile reviews. Benefits to companies and clients - less churning and lower costs.

Or is this model too easy, or not convenient to the churners?
On 5 April 2012 at 10:47 pm Enjoying It said:
Andy, I know one company who strictly introduced lower up-front commission with higher renewal. The old school advisers stuck around, seeing how higher renewals reward their annual client reviews, but funnily enough weeded out those who live week-by-week.
I'm commenting from an administrative view, been in the industry 16 years, I've seen the trends. Ive seen the advisers who thought this industry was an easy place to make a buck, funny how those people are not around anymore to share their glory stories with me any longer.
I also see the advisers who are still around today, right from the days of NZI Life...even from National Mutual days - they are the ones who really stand out to me. Why? because they've survived the ups & downs of the industry. I have total respect for them.
About 3-4 years ago when 'big commissions' could no longer be earnt from investment products, again that eliminated alot of advisers living in a dreamworld, some even selling their book of business and leaving NZ altogether. Who's left around now? mainly the advisers who take nil commission on investments as they usually get risk business which they take the commission on. So I'm all for it, wipe the commission from investments.....
Commenting is closed

 

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