Where are your priorities?

Originally published | 16th September 2016

Set out in s961J of the Corporations Act, is a rule that many advisers might gloss over. It is the conflicts priority rule.

This rule is similar in nature to the previous obligation to provide “appropriate advice”. The priority rule expressly requires an advice provider (Financial Adviser) to prioritise the interests of the client if the financial adviser knows, or reasonably ought to know; when they give the advice that there is a conflict between the interests of the client and the interests of:

  • The financial adviser; or
  • The financial adviser’s Australian Financial Services (AFS) licensee.

Your Objectives, should you choose to accept them!

Originally published | 23rd September 2016

What do most compliance managers, or quality assurance managers, question when discussing the quality of advice?

Does the recommended strategy meet the client’s goals?

The invariable discussion is that in the fact-finding stage of advice, you the adviser, must document the client’s goals. These goals must be specific, measurable, achievable, realistic and timely.

Evolution of Legislation

Evolution of Legislation

Originally published | 2nd October 2017

A lot of advisers I speak with still long for the good old days where advice seemed easier and the compliance burden was less.

Unfortunately, because of the sins of a few, our legislation has had to evolve to protect not only the client, but ourselves.

That’s the nature of a mature society as well, where they can evolve their legislation, and their constitution, to meet the demands of the current day.

Does history repeat itself?

Originally published | 18th October 2017

“Those who cannot remember the past are condemned to repeat it”.  

These words were penned in 1905 by Spanish-American Philosopher, George Santayana.  

But as a society, especially in the financial services industry, have we ever really given this aphorism it’s due?

Do you remember doing history at school?

I loved it, and still do.  To me, learning about history provided me with the way understanding how our current society was formed.  

Do we use the same philosophy in financial planning? I will put my hand up and say I do.

Best Interest Jigsaw Puzzle

Originally published | 25th January 2018

We’ve recently seen a lot of action from the Regulator in regards to financial planners not meeting their best interest duty.  This action has seen enforceable undertakings, additional licence conditions and in some cases, banning orders.

It led an adviser I know to recently say to me that “The Best Interest Duty can never be 100% fulfilled because for every goal or problem there are many solutions possible and no one right approach. And hindsight will always be a factor. And ASIC seems to focus only on fees and so we are doomed if we offer any solution where the fees are higher no matter how good the advice or product is”.  

This seems to be a current reaction to any media in regards to this subject. 

What was my answer to this adviser?

May I take your order please?

Originally published | 29th March 2018

Some habits are hard to break.

Being a financial adviser/planner (whichever term you want you use) means you are providing guidance and direction to your clients, not simply taking direction from them and placing products.

This seems to be the case mostly with life insurance advice when it appears that advisers are still uncomfortable in having the discussions with the client.

Ethics in the face of Unethical Behavioural

Originally published | 17/02/2019

It is interesting that over the last couple of weeks I have read the diatribes of advisers who are bemoaning the changes that will come about because of the Royal Commission. It is interesting that we have yet to fully hear from the Australian Financial Services Licensees (AFSL) that have been caught up in so much of the misconduct.

The reason why we haven’t heard from them, in my opinion, is because they don’t care. These AFSLs are vertically integrated so the advice component is not important to them. The only thing important to them is selling products. And this leads to unethical behaviour.