Statement on using Switching Terms in mortgage contracts under the Unfair Terms in Consumer Contracts Regulations 199
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CEI Newsletter December 2011
CEI Compliance

In This Issue:

Latest News: MiFID II

RDR Support Need a Compliance Consultancy?

RDR Training ‘The Dreaded Client Conversation’
in conjunction with Business Chameleon

Post-RDR Strategy Setting Workshop
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Latest News

MiFID II

On 20 October 2011, the European Commission published its long-awaited legislative proposal to revise the Markets in Financial Instruments Directive (MiFID). The proposal is divided into two parts, a Directive and a Regulation, both of which are expected to enter into force in 2013. Financial institutions and users of financial services will now need to prepare to negotiate a wider regulatory perimeter, which captures previously unregulated and more weakly regulated business areas. Greater transparency will apply to a broader scope of instruments. Firms should also be aware of the wider potential interventionist powers for EU and national regulators under contemplation.

InducementsClick Here
Under MiFID, firms are currently prohibited from making or receiving payments or other non-monetary benefits in connection with any investment or ancillary services provided to professional clients or retail clients, unless those payments or benefits fall into a specified exception.

There is also a high-level duty for firms to act honestly, fairly and professionally in accordance with the best interests of their clients.

An exemption for third-party inducements is available where

  • clear, prior disclosure of the inducement has been made to the client,
  • the inducement has been designed to enhance the quality of the service to the underlying client of the firm, and
  • the payment or benefit does not impair compliance with the firm’s duty to act in the client's best interests.

It is proposed that, under MiFID II, accepting third- party inducements will be completely prohibited for portfolio managers and independent investment advisers. This reflects a concern that inducements are incompatible with the provision of the independent exercise of discretion and independent advice.

The optional exemption

The UK chose to implement the optional exemption in Article 3 of MiFID which provides that firms will not fall within MiFID if they satisfy certain requirements.

This optional exemption is being widened so that a firm will be able to fall within this exemption if they provide advice on any financial instruments under MiFID.

New requirements to fall within the MiFID Article 3 exemption are that;

  • The Firm does not hold client money or securities and
  • The only investment services that they carry on are:
    • The provision of investment advice;
    • The reception and transmission of orders in transferable securities and units in collective investment undertakings

Investment advice

There is a little confusion regarding the definitions of independent or restricted advice. In light of recent debates on the quality of investment advice, the draft Directive provides that a firm, when giving investment advice to clients, is to report personally to the client as to how the advice meets the personal objectives and characteristics of the client. The firm should clearly state whether the advice is given on an independent basis and whether it is based on a broad or on a more restricted analysis of the market.

Impact: Inducements will be prohibited from third parties (on the basis that third party inducements are incompatible with the independent nature of the advice provided). See COBS 2.3.

MiFID exemption is an option for IFAs and must be carefully considered whether this route would be appropriate for the business model and future developments. You should check whether you meet the conditions of the article 3 MiFID exemption (including having a requirement on your permission which prevents you from holding client money for the purposes of MiFID business). You may wish to check this by reviewing your firm’s details on the FSA Register. If you are out of scope but wish to fall within scope in order to benefit from the right to passport investment business on a branch basis, you need to notify the FSA by submitting both a VOP and a passport application.

Investment Advice Procedures need to be reviewed and revised to ensure that the suitability letters include the correct terminology.

If You Need Assistance in any RDR Strategy Setting, Procedures review or helping define your proposition, contact CEI Compliance on

0800 689 9 689 NOW!

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For details of preparing for a regulatory visit us here

Advertorial

‘The Dreaded Client Conversation’

By Julie Ampadu, Business Chameleon Ltd

This is the moment you’ve been dreading. After years of ‘will they / won’t they?’, RDR has finally become a reality you can no longer ignore. You’ve wanted to put it off for a while, but today you’re going to have to have THAT conversation. You know the one. The one that changes everything.

New clients are happy to proceed under the new ways of working, but today it’s THAT conversation with your existing client, the valued client, the client who’s always enjoyed the way that you’ve done business with them.

After today, will they see you differently? Will they still value what you do for them in the same way? What will you do if they say ‘no thanks’?

If, like many IFAs you are viewing this conversation as a pivotal ‘fee’ type discussion, then think again. The best way to make this conversation count for both you and your clients is to approach it for what it is, a discussion about the value you bring to their lives, which is based on customer service and crucially, the client–adviser relationship.

A truly client-centric business will very clearly see every need to keep pace with change and modernise the ‘client experience’. Some firms have already embraced these conversations with their clients and have done so through a structured development process which includes planning and target setting, training and coaching, practice and evaluation.

Without exception, I don’t know of a single firm that isn’t delighted with the results they’ve achieved by following this process. In all cases, they have taken their businesses (and their clients) forwards into the future in a positive, prosperous manner rather than apologetically hiding behind the ‘it’s not me, it’s the regulator’ excuse.

Those IFAs who have been though this process know that however tempting it is to take the negative approach, anything other than a well planned, future focused conversation gets us nowhere.

Bearing this in mind, remember the following points:

  • There is no single ‘right way’ to deliver the ‘dreaded conversation piece’ to your clients. The key here is to know and understand each one of them – taking the ‘know your client’ rule to a whole new level
  • Under no circumstance should you be delivering ‘the conversation’ unless you are sure that the client proposition you’ve formulated is right for them. If you’re not sure what they’re looking for, find out via a survey, or even simpler, a face to face discussion.
  • Believe in your new client proposition 100% - know its detail inside and out. If you don’t fully believe in it yourselves, neither will your clients, no matter what kind of positives you try to convey. Implement the right client proposition, with a well planned, well structured and well executed client experience. Your client will then see the value of your new service without any kind of ‘soul-searching’ explanation required by you.

Remember, you are not on your own. If you don’t feel that you have the expertise or confidence required to navigate these conversations successfully, then there are plenty of support options to help you. Business Chameleon works with IFAs just like you, to bring about the kind of future that we’re all looking for.

We’d like to chat to you further about the challenges you face and how we can help. If you’d like to talk to us, then click on the link

We look forward to hearing from you.

If you would like more information please visit the Business Chameleon website

End of Advertorial


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Strategy Workshop

Post-RDR Strategy Setting Workshop

CEI Compliance are conducting a one day workshop for IFAs, Small Fund and Wealth Managers nationwide

We provide a Workbook in excess of 50 pages packed with ideas, recommendations and thought provoking options for you to implement

We offer you full autonomy and privacy and will provide you witha non-diclosure agreement as well as a "Workshop" to discuss the issues and ideas. This is a whole day event and be conducted on-site or off-site

The only thing that sets you apart from the other firms in your area will be what you offer and the price you offer it at. The key is Value, Value, Value.

Email strategy@ceicompliance.co.uk to register your interest.

Don't just do what everyone else is doing

DARE TO BE DIFFERENT!


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