New code working group: your future's in their hands
The working group who will develop the new Code of Conduct for all financial advisers has been announced – and it includes just one adviser.
Wednesday, June 21st 2017, 12:16PM 15 Comments
Commerce and Consumers Affairs Minister Jacqui Dean
The new code will apply to all financial advisers in the industry under the new rules, including those who are currently registered financial advisers.
The members of the group are:
- Angus Dale-Jones (Chair) previously a board member of the Professional Advisers Association (PAA).
- Barbara Benson (Consumer and/or Dispute Resolution Representative) previously Manager, Teacher Education at the Education Council of New Zealand
- Brian McCulloch (Consumer and/or Dispute Resolution Representative) is an independent consultant, an Independent Director at Utilities Disputes Limited
- John Berry is the CEO of Pathfinder Asset Management
- Graeme Edwards is the general counsel and company secretary at ASB Bank.
- Paul Mersi is currently an independent consultant
- Rebecca Vanderbom is the head of financial advice delivery and service, Milford Asset Management and an AFA.
- Shane Edmond is the head of private client services at Forsyth Barr and a member of the current code committee.
- Therese Singleton is the general manager, sales and advice, at AMP.
David Ireland, chair of the current code committee is not among the number.
“The new code of conduct will be wider in scope than the existing code and will set standards of competence, conduct and client-care for the whole financial advice industry,” Commerce and Consumers Affairs Minister Jacqui Dean said.
“This change in scope is part of the review of the Financial Advisers Act 2008. The group’s new code will reflect proposed changes in legislation aimed at creating an even playing field of regulation across the industry, including a universal code of conduct for all individuals and institutions giving financial advice. To recognise this, the code working group is being established as a new body, with an expanded mandate from that of the code committee under the current regime.
“I believe the members of the code working group demonstrate a strong understanding of the changes to the financial advice regime and the role which the code will play in the overall system. In developing the code, the code working group must consult with industry bodies, consumer representatives and any other interested parties to ensure everyone, including small-adviser businesses, has a chance to give their input,” Dean said.
The working group will go on to become the code committee that administers the new code.
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Comments from our readers
The only person of any relevance is Angus Dale-Jones whom I have always found to be very professional and totally unbiased despite his regulator background.
So the Code IMHO will more than likely be a mess or favour the Big End of Town. Good luck Angus in trying to manage this rather motley lot.
Stating the obvious - would it not be beneficial to capture the insights of the community who are going to be impacted the most?
I concur with Rons' thoughts that there is far too little advisory or financial educational knowledge held amongst this group and far too many ties to financial product providers, again the BEOT seem to be considered independent while those involved in the advisory profession or professional bodies where excluded due to their perceived lack of independence.
The one glint of light is the appointment of Angus as Chair.
However I can't help but feel more than a little dismayed!
In the interests of full disclosure, I was an unsuccessful applicant for the group and I am a member of the current Code Committee.
The reason for my dismay is that there is not one client facing person on the working group nor is there any voice for the independent financial adviser.
There is already enough industry chatter about government capture by the financial institutions (the so called ‘big end of town’) without providing those protagonists with further ammunition. If it is Government policy to restrict the provision of financial advice to those employed by large firms, then they should come out and say it.
The other disappointing thing is that this industry desperately needs leadership if we are ever to emerge as a profession, and the current review of the Financial Advisers Act and now the make-up of the Code Working Group does nothing to assist this. No profession will ever emerge from an industry dominated by institutions whose primary aim is to benefit their shareholders.
I wish the working group every success in developing a code that will provide a framework for competent and ethical advisers to deliver financial advice in a professional manner and in clients’ interests.
Unfortunately they already have a significant credibility hurdle to overcome.
Until we as independent RFA's have one strong body representing us, we will always be pushed around. The shame is that nothing will change as far as the client is concerned. Rogues will still get a look in and rubbish advice will find its way to paper, possibly more from the banks.
Unfortunately the Age of the Regulator and prissy do-gooders is upon us.
Also, given the fact that this code group is meant the create a new code which translates regulation objectives into training/education objectives - nobody with experience in that.
Nobody from the retail market. The AFA sector has just become a lot tougher.
Again, like SOC I applied for a place on the Working Group, partly to continue contributing to the shape of regulation and standards which affect us all, but mostly because of my belief that there would be a strong need for pragmatic input from people who know the advice process personally.
Given that the greatest number of soon-to-be-newly-governed advisers are insurance and lending people I believe it important that the Working Group contains at least a couple of members from the retail insurance and lending areas, with deep experience in practice management and advisory work as their core strengths. Naturally one expects them to also have the requisite professional skills, governance experience and to be a suitable "fit", however it is the front line retail advisory experience in the insurance and lending areas which is desperately needed. I am aware of a number of potential applicants for the Working Group who appear to me to have been very capable candidates who would have been great contributors and representatives from the sector.
So there seems to have been no shortage of keen, capable, professional practitioners from the broker world who were willing to help shape the code of the future as far as I could tell. Lack of suitable candidates does not appear to have been an issue therefore.
It certainly then seems odd that not one of these capable people with a deep understanding of the unique issues which arise in insurance (anyone heard of "churn" or non-disclosure affecting investors much?) were worthy of inclusion in a group which could have up to 11 members.
The lack of any such apparent experience cannot provide confidence to a significant proportion of the financial services population that their issues, challenges & aspirations to take their place in a profession are being given serious consideration, let alone understanding.
This is especially true when there are, or were, still a couple of empty chairs available on the Working Group. Not filling those seats with the additional knowledge and skills required, and not including them with the appointed 9, sends a distinct message to one segment of the industry that its views are relatively irrelevant.
One has to form this conclusion when there were good candidates; there was capacity within the Working Group structure for wider representation; there is an apparent lack of skills or knowledge from key areas within the industry; and; when much of our reform has been driven by IMF recommendations this particular recommendation is ignored.
It does not bode well at all really.
To finish on a positive though, the appointment of Angus as Chair is an excellent one as he is, amongst his many skills, a consensus-builder. There is some hope yet.
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