Transcript Slide 0
RI Advice – Compliance opportunities April 2013 Top 10 Tips for Advisors 1. Take detailed file notes 2. Use a client’s own words 3. Turn clients away when appropriate Source: FOS Circular Issue 10– Winter 2012 1 Top 10 Tips for Advisors 4. Explain the risks to clients who choose to act against your advice 5. Explain what types of service you are providing 6. Use template forms and documents carefully Source: FOS Circular Issue 10– Winter 2012 2 Top 10 Tips for Advisors 7. Use risk profiling tools carefully 8. Don’t give cookie cutter advice 9. Understand and explain the products 10. Be clear about the advice relationship with clients you know Source: FOS Circular Issue 10– Winter 2012 3 RI Advice – You give great advice, can you prove it? April 2013 Session objectives • At the end of this session, you will be able to Understand the requirements for a client file Apply your knowledge to identify missing and/or incorrect elements in a client file Understand and identify the best interest/reasonable basis requirements to be evidenced on a client file Know who to contact for more information 5 File Elements • FSG • Client Identification • Data Collection • SoA/RoA • Implementation • General File Requirements Where file elements are required to meet best interest/ reasonable basis obligations a best interest checkpoint will highlight the evidence required 6 Financial Services Guide (FSG) • A FSG must be given to a client before or as soon as practicable after providing the financial service • What are the file requirements for provision of an FSG? The client file must provide evidence that the client received an FSG at the appropriate time and which FSG was provided i.e.. Version • What does this evidence look like? FSG Receipt and/or Diary Note 7 Anti-Money laundering/Counter Terrorism financing (AML/CTF) • All clients must be identified and validated in accordance with the AML/CTF legislation prior to arranging the service. Special consideration should be given to enhanced due diligence requirements for higher risk clients • What are the file requirements for identification and verification of clients? Client identification form Appropriate identification (e.g.. Drivers Licence) Diary Notes outlining procedures taken in conducting the identification process • Refer to AML/CTF Procedures for details on what needs to be completed and documented. 8 Discovery /Data Collection – Fact Find • What needs to be included in the Fact Find document? Current Situation Needs & Objectives o Document the reason why the advice is being sought by the client, what the client is seeking to achieve Client needs and objectives are the foundations for best interest Includes both implicit and explicit needs Objectives, financial situation and needs of the client that would reasonably be considered relevant to the advice sought on that subject matter must be identified (client’s relevant circumstances) 9 Discovery/Data Collection – Fact Find cont. • Product Information Investigation into ‘from’ funds and policies is required • What are the file requirements for the fact find? No blank sections Evidence that Fact Find content is acknowledged o Adviser & Client signatures o Date on the document Evidence of research into existing funds and policies 10 Statement of Advice (SoA) Record of Advice (ROA) • What is the requirement? All personal advice has been provided in writing in an advice document (e.g. SOA/ROA) • What needs to be on the file? Advice Document on approved SoA/RoA template Dated Signed • Consistency across the file is the key • Don't complete an SOA if there isn’t sufficient information • Don't make assumptions, seek clarification if it's relevant to the advice Statement of Advice (SoA) Record of Advice (ROA) • What needs to be included in the advice document? Relevant, accurate information that is consistent across the file • Current Situation Balance sheet Income and Expenses Needs and Objectives • Scope of Advice Appropriately defined • Disclosures Accurate and complete Consistent with commentary, the FSG and other service agreements (e.g. Ongoing Service) General disclosures as per Licensee template Statement of Advice (SoA) Record of Advice (ROA) • Strategy & Recommendations Strategy must clearly meet the client’s needs and objectives Document must include the knowledge and details of the reason that led to the advice: o The proposed insurance strategy o The key risks and benefits of the recommendations o Why the recommendation is appropriate for the client Would a reasonable person think the advice is likely to leave the client in a better position at the time the advice provided? Statement of Advice (SoA) Record of Advice (ROA) • Strategy & Recommendations Product Information o Explanation of product recommendations, including underlying options Replacement Product o Advantages & Disadvantages/Benefits and Risks of replacement, alignment with client needs and objectives o Alternatives o Loss of material benefits or those that are relevant to needs and circumstances o Consistently documented across file General File Requirements • File / Diary Notes Detail is important Could a third party read the diary note and understand what has occurred in: o conversations o significant client interactions o relevant discussions to advice provided Must be legible Must be consistent with other file documentation • Approved Product Lists If recommended product is not on APL approval/authorisation must be on file 15 General File Requirements • Accreditations Does the adviser have the appropriate accreditation to provide this advice? • Tax File Numbers Authority is held or TFNs are removed • PDS Evidence that current PDS(s) were provided to clients at or before recommendation made • Product Replacement Research and Modelling evidence for existing and recommended products: o Technical information and member/account statements o Working papers o Evidence of research o Comparison tool printouts e.g.. Chantwest 16 Implementation • Authority to Proceed (ATP) Signatures & Date Amendments • If the client deviates from the recommendation in the advice document, Document on the ATP; or Consider whether a new Advice document is needed • Application Forms Reflects what the client agreed to in the Authority to Proceed • Confirmation of Implementation Confirmation from the product provider reflects what is on the application/ATP (errors can occur that are outside of our control) 17 Hints and Tips • Keep a to do list for file maintenance • Use Tasks in outlook or utilise Xplan/Coin to keep track of workflow & outstanding information • Keep a log of relevant phone calls with dates, who you spoke and topic to: underwriters clients tech support • Track emails and use archive folders that are easy to follow and identify • Consistency across the file is important! reconcile commissions received with what has been disclosed in the SoA and noted on application forms • Take time out for self development and increasing your knowledge around requirements Where do I go for support? • Licensee Website Team Service Contact Advice Business Systems Delivering and supporting technology solutions for advisers that enable effective client engagement and compliant advice [email protected] 1300 738 473 Advice Process Key advice documentation and support in the end to end advice process [email protected] 03 8654 2035 Compliance Guidance, training and support to achieve our mutual goals of delivering quality financial advice to clients [email protected] u 02 9234 5477 Adviser Development Learning and development requirements to not only ensure compliance with RG146 CPD requirements but to assist you in all your ongoing professional development needs. [email protected] 02 9234 5787 Technical Supporting you by brining together quality advice and legislative support [email protected] 02 9234 5344 The New Monitoring & Supervision Framework April 2013 Session objectives At the end of this session, you will be able to Understand the new monitoring & supervision framework Advice Quality Scorecard Adviser Improvement Plan Appeals Process Advice Quality Rating Vetting process & standards Apply the advice assurance standards to your business Know who to contact for more information 21 Why are we here? To improve our Monitoring and Supervision framework in the following ways: • A fairer & risk based approach • Greater engagement & support for advisers • Supports the improvement of adviser capability • Transparency & consistency. 22 22 New Monitoring & Supervision Framework • Based on the risks identified through the compliance review • Risk-based approach • Focus on quality of advice • Fairer scoring methodology • Formal appeals process • Improved support • Risk-based approach Advice quality rating Compliance review Vetting Adviser improvement plan • Adviser support focus • Clear improvement steps • Lined to Advice Quality Rating 23 The New Advice Assurance Process Adviser File Pre Review Planning Improvement Plan Assessment & Review Reporting • Communication with • Application of advice • Preliminary discussion Documentation of adviser & supervisor quality scorecard on findings • Issues identified • Formal Notification • Advice quality rating • Client remediation • Adviser profiling • Root Cause Analysis • Adviser improvement activities • File Selection • Adviser improvement areas • Advice quality rating 24 Compliance Review The Compliance Review program emphasises and is conducted on the following principles: Assurance: Identify and manage potential issues that have the ability to adversely impact clients, your licensee or you (the adviser). Transparency and objectivity: A transparent methodology which provides clear and impartial views of the advice you provide. • Each adviser is subject to a formal Compliance Review at least once per year. • The Compliance Review process can be broken into the following key stages: 1.Pre-Review Planning 2.File assessment and review 3.Root cause analysis and Adviser Improvement Plan 4.Compliance Review reporting and finalisation 25 Compliance Review – Pre Review Planning Pre Review Planning profiles the adviser in terms of: • Previous issues • Common advice strategies and products recommended by the adviser • Training record • Authorisations and accreditations • Adviser’s business operating model & business performance Pre Review Planning will involve: 1. 2. 3. 4. Telephone call or email to adviser to confirm availability Notification of 4 weeks for upcoming compliance review Discuss with Supervisor / Practice Manager / Regional Practice Manager File Selection – at least 5 files 26 Compliance Review – The Day of Your Review • Advice Assurance Officer will visit your office on the appointed day of review • Expect the Advice Assurance Officer to act with respect & professionalism • You will be advised of which files have been selected for the review • Advice Assurance Officer will review the files and make a preliminary assessment for each file • You will be given the opportunity to clarify or query any of the preliminary findings • The Compliance Review is conducted using a risk weighted scorecard according to a consistent methodology across the Licensee. A scorecard will be completed for each file which is reviewed and captured in the Compliance System. •The advice quality scorecard identifies potential areas of risk and rates them accordingly to the potential size of the risk, as either high, medium or low. 27 Compliance Review – The Day of Your Review The assessment for each requirement will result in one of three possible responses: • ‘Yes’: There is demonstrable evidence on file that the advice has materially met the expected requirement • ‘No’: There is insufficient evidence on file that the advice has met the expected requirement • ‘Not applicable’: The requirement was not applicable. 28 Advice Quality Rating Advice Quality Rating Total number of issues identified 1 No issues identified 2 Low rated issues or 1 – 2 medium rated issues or 1 high rated issue 3 Advice Quality Rating 2 high rated issues Extent of Improvement plan activities 4 1 No improvement plan 2 Client remediation 3 – 4 medium rated issues or > 4 medium rated issues or 3 – 5 high rated issues 5 > 5 high rated issues Review policies and confirm understanding Adviser Improvement Plans with issue validation at next review. 3 Client remediation Adviser Improvement Plans with potential for risk based issue validation. 4 Client remediation Pre-vetting (if relevant) Adviser Improvement Plans with potential for risk based issue validation. 5 Any serious issues will be referred to senior management for review. Client remediation Pre-vetting Adviser Improvement Plans with potential for risk based issue validation. 29 Adviser Improvement Plan • Conversation to identify the root cause of any significant findings • Identify any remediation activities that may be needed for your clients or files • Recommendations designed to help you improve your capability & professionalism. • Supervisor involvement will be to ensure actions have been completed 30 Vetting – Key Components Vetting is required for: 1. New entrant advisers 2. Existing advisers as a result of Consequence management 3. Existing advisers obtaining a new accreditation (eg Gearing) or authorisation • Dispensation for vetting is achieved when you receive approval (either approved or conditionally approved) on two consecutive submissions. • Vetting needs to be adhered to for each of the following authorisation / accreditation areas: Authorisations: 1. Risk Protection 2. Superannuation & Investment 3. Retirement Planning Accreditations: 1. SMSF 2. Direct Equities 3. Gearing 4. Business Insurance 5. Other (eg Agribusiness, Credit) 31 Advice Quality Report • Following the Compliance Review, the adviser will be provided with a comprehensive report detailing the outcomes of the review and will contain: • • • • • A summary of issues identified and their weighting The Final Advice Quality Rating as a result of the review Details of any specific client remediation activities required as a result of the review (as part of the Improvement Plan) Details of any adviser improvement activities recommended (as part of the Improvement Plan) A summary of areas that were observed to be working well by the Advice Assurance Officer. • The Advice Quality Report will be issued to you as “Draft” within 5 business days from the day of your review. • You will have 10 business days to accept or question the report. Any questions you raise regarding the report will be considered and then a final report will be issued to you. 32 Appeals • Should the adviser be in dispute of the review findings after the debrief and final report, their supervisor may lodge a formal appeal on their behalf if they are supportive of the adviser’s views. • After receipt of the final report, you may lodge an appeal within 5 business days. • Grounds for appeal may include: – A procedural or administrative irregularity which has occurred, and was not rectified to a satisfactory standard during the report finalisation stage. – Sufficient evidence is available to support changes to the decision made – The reviewer has been biased or made a significant administrative error – There is ambiguity in the application of current business rules or standards. 33 What are the requirements? Financial Services Guide (FSG) There is evidence that the client was provided with the current Financial Services Guide (FSG) Medium • What are the file requirements for provision of an FSG? • The client file must provide evidence that the client received an FSG at the appropriate time and which FSG was provided ie. Version • What does this evidence look like? • FSG Receipt and/or Diary Note 35 Anti-Money laundering/Counter Terrorism financing (AML/CTF) The licensee’s client identification process has been followed (ie. AML/CTF) High • Special consideration should be given to enhanced due diligence requirements for higher risk clients • What are the file requirements for identification and verification of clients? • Client identification form • Appropriate identification (eg. Drivers Licence) • Diary Notes outlining procedures taken in conducting the identification process 36 Discovery/Data Collection – Fact Find There is a fact find on file, including signed acknowledgement by both the client and the adviser. Low • Ensure the relevant sections of the fact find are fully completed including: - current situation - needs & objectives - existing policy & fund details - research into existing policies & funds - adviser & client signature • It is important to remember to date the document and ensure that no sections are left blank. 37 Discovery/Data Collection – Fact Find The client’s reason for seeking advice (i.e. their needs and objectives has been appropriately identified High • Client needs and objectives are the foundations for best interest • Includes both implicit and explicit needs • Objectives, financial situation and needs of the client that would reasonably be considered relevant to the advice sought on that subject matter must be identified (client’s relevant circumstances) 38 Discovery/Data Collection – Fact Find cont. The adviser has taken appropriate steps to conduct relevant product research. Medium • Investigation into ‘from’ funds and policies is required and needs to be documented on the file in detail. • Utilising a fact find to do this is good practice 39 Discovery/Data Collection – Risk Profile The client’s risk profile has been appropriately documented in accordance with Licensee approved tools and advice documents. High What are the file requirements for the risk profile? evidence of determination of risk profile using approved licensee tool diary note for any changes due to client instructions calculations in tool correct • Information and Risk profile determination must be consistent with facts gathered 40 Discovery/Data Collection – Fact Find cont. The agreed scope of advice is appropriately defined, supported and consistently documented. Medium This will include considering: • • Complexity of advice given • Capacity of the client to understand the advice they are receiving • Potential impact of inappropriate advice on the client • The extend of client directed needs & objectives In some instances, the SOA may be the sole document in which the scope is defined & documented 41 Strategy & Recommendation The recommended product/strategy meets the client’s key needs and objectives High The foundation for reasonable basis has been established and documented for the recommended strategy and/or financial product. Medium • Document must include the knowledge and details of the reason that led to the advice: The proposed investment strategy The key risks and benefits of the recommendations Why the recommendation is appropriate for the client How the recommendation meets the clients needs & objectives 42 Strategy & Recommendation cont. The advice is likely to be in the best interests of the client. High Would a reasonable person think the advice is likely to leave the client in a better position at the time the advice was provided? The recommendation to replace an existing product contains sufficient or adequate information to explain and support the recommendation. High Research and Modelling evidence for existing and recommended products: Technical information and member/account statements Working papers Evidence of research Comparison tool printouts eg. Chantwest 43 Strategy & Recommendation cont. The advice document contains discussion on the expected advantages and implications of the recommended strategy. Medium • Replacement Product • Advantages & Disadvantages/Benefits and Risks of replacement, alignment with client needs and objectives • Alternatives • Loss of material benefits or those that are relevant to needs and circumstances • Consistently documented across file 44 Strategy & Recommendation cont. The gearing recommendation meets suitability requirements and considers the clients capacity to service the loan. Medium High The advice provided meets suitability requirements and is consistent with legislative requirements for Self-managed Superannuation Funds. The advice appropriately considers the impact of superannuation contribution caps where applicable. High 45 Strategy & Recommendation cont. Products recommended were on the APL or they were recommend with documented approval from Research High Recommended asset allocations are consistent with the agreed risk profile, or with explanation. High • Identifying a clients tolerance to risk is important and should be done in conjunction with the appropriate risk profiling tools. • Clients should be educating around risk and the potential of loss to their portfolio. • All discussions regarding risk tolerance should be clearly articulated in the client file. • Investment of funds should then be made in accordance to the clients risk profile; or where not appropriate documentation of explanation is required. 46 Strategy & Recommendation cont. High The financial products/strategies recommended (or commented on) were within the scope of the representative’s authority or accreditation. The relevant fees, commissions, soft dollar benefits and costs of recommendations were all correctly disclosed in writing. High Relevant mandatory disclosures or warning have been included in the advice document Low 47 Implementation The relevant documents have been signed by the client in accordance with the RI business rules. Low Authority to Proceed (ATP) • Signatures & Date • Amendments 48 Implementation cont. Implementation has been carried out as agreed with the client including accurately completing application forms. Medium • Confirmation of Implementation • Confirmation from the product provider reflects what is on the application/ATP (errors can occur that are outside of our control) • If the client deviates from the recommendation in the advice document, • Document on the ATP; or • Consider whether a new Advice document is needed • Application Forms • Reflects what the client agreed to in the Authority to Proceed 49 General File Requirements The advice file contained adequate file notes and were of a sufficient quality. Medium • Detail is important • Could a third party can read the diary note and understand what has occurred in • conversations • significant client interactions • relevant discussions to advice provided • Must be legible • Must be consistent with other file documentation 50 General File Requirements cont. Ongoing service requirements/obligations have been met by the adviser Medium There is evidence that the client was provided with the relevant PDS Medium • Evidence that current PDS(s) were provided to clients at or before recommendation made 51 General File Requirements cont. All personal advice has been provided in writing in an advice document Low The advice document was provided to the client as soon as practicable. High Time critical advice was used in the appropriate circumstances and was provided ot the client within 5 business days. High 52 Where do I go for support? Team Service Contact Advice Business Systems Delivering and supporting technology solutions for advisers that enable effective client engagement and compliant advice [email protected] Advice Process Key advice documentation and support in the end to end advice process [email protected] 1300 738 473 03 8654 2035 Compliance Adviser Development Technical Guidance, training and support to achieve our mutual goals of delivering quality financial advice to clients [email protected] Learning and development requirements to not only ensure compliance with RG146 CPD requirements but to assist you in all your ongoing professional development needs. [email protected] Supporting you by brining together quality advice and legislative support [email protected] 02 9234 5477 02 9234 5787 02 9234 5344 53 Questions ? 54