Citywire printed articles sponsored by:
View the article online at http://citywire.co.uk/new-model-adviser/article/a421330
Comment: Aifa has struck the wrong note on passporting
by Iain Martin on Aug 11, 2010 at 08:59
It was encouraging to see the Association of Independent Financial Advisers (Aifa) promoting a positive outlook for life after 2012 in its Adviser Horizons paper, but it struck the wrong note on passporting.
The paper set out a number of innovative business strategies that could be implemented post-retail distribution review (RDR). However, Aifa, headed by director general Chris Cummings (pictured), has also dusted down the issue of IFAs using Mifid or the Insurance Intermediation Directive (IMD) to passport back into the UK from a European Economic Area country.
Aifa’s endorsement of a solution noted by financial advisers looking to side-step the RDR is disappointing. The suggestion from Aifa that avoiding the government’s punitive tax plans is the impetus for IFAs to establish companies overseas is a red herring. Commission and qualifications are the issue.
On the same day Aifa released its paper, it was revealed that Cyprus-based Inter-Alliance Worldnet had agreed with the regulator to stop advising on Sipp business. But when I asked it about regulation in this area before, the FSA press office seemed confused over what products the IMD allowed advisers to sell, and Mifid generally.
Lost in regulatory fog
A scenario in which the regulator, Sipp providers and advisers can’t understand the exact rules imposed by European legalisation highlights one glaring problem with the passporting rules.
To be fair, Aifa points out passporting wouldn’t be easy as advisers would be obliged to jump through hoops set by a foreign regulator.
The language barrier is precisely why a number of IFAs have identified Ireland as a base to passport back into the UK. I doubt the Financial Regulator in Dublin will be rolling out the red carpet for advisers fleeing the RDR.
Passporting is not inherently bad; many financial planners have Mifid passports and provide high quality advice to expats living in Europe.
But Aifa needs to rethink its stance on this issue, which seems inconsistent with the rest of its paper, and warn advisers of the dangers of passporting rather than encourage it.
Markets
News sponsored by:
Today's top headlines
- Ofqual criticises CII level four diploma over gaps and easy questions
- FSA: Platforms can't reward IFAs for assets after RDR
- SimplyBiz's Ken Davy to launch restricted national
- FSA warns over advisers failing to consider cost of fund switches
- Concept hopes to fill client knowledge gap with ISA handbook
More about this article:
More from us
- Aifa: don't rule out passporting ahead of RDR
- Aifa: separating client-facing and admin staff could cut IFA costs
- Aifa: the options for your business post-2012
- FSA says IAW cannot conduct Sipp business in UK
- Hornbuckle defends due diligence into IAW





7 comments so far. Why not have your say?
Dave
Aug 11, 2010 at 09:47
Surely AIFA as a representative body of all IFA's should provide them with the information that they need to make an informed decision. If it is possible for a firm to provide perfectly legitimate advice to UK clients under a MIFID/IMD passport from an overseas regulator that is less anti-IFA than the FSA then this should be up to the client to decide.
I understand that full disclosure of your regulatory status is required under the various European acts and you must adhere to the regulations laid down by the regulator of the home nation.
Also, if it is acceptable for UK IFA's to give advice abroad under a UK passport, it makes sense that they should also be able to passport into the UK.
After all, choice seems to be what the current Government is all about. You will apparantly be able to choose your school, hospital etc, why not also chose a regulator that most suits the way you do business!!
report thisJulian Stevens
Aug 11, 2010 at 10:06
For anyone who's taken the trouble to note the detail, commission isn't an issue, as CAR deductible from what's invested into the product will still be allowed and commission on protection business will continue, albeit not on indemnity terms (which we're better off without anyway).
For some older advisers, exams are an issue (mainly because most of their content is irrelevant to what we do) but the list of other reasons for choosing a non-UK regulatory authority is long indeed ~ no hindsight reviews, the protection of English Law by way of the Longstop, an escape from the FSA's never ending salvos of uncosted regulatory initiatives, no FOS, no FSCS, no FCEB, no one-off extra levies such as that for KeyData & PCS, no obscene bonuses for failure or monster pay offs for people such as Clive Briault and so on and so on. Stay if you want, but many of the rest of us just want to get the hell out.
They call the Republic of Ireland the Emerald Isle ~ hopefully the grass really will be greener over there. Reports from those who've already made the leap certainly indicate it to be so.
report thisHarry K
Aug 11, 2010 at 10:07
Oh for goodness sake Iain firstly remember which finger was in this pie - L&G.
Secondly it was an aside. When one writes a report it is a good idea to 'cover all the bases', it doen't mean that every dot and comma has to be followed.
It is legitimate to list it as an option. True it is hardly likely to be taken up by more than a very select few, so for goodness sake pipe down and stop blowing this out of proportion. I know news is scarce at this time of year and if you are that desperate I'll go and eat a hamster.
report thisEvan Owen
Aug 11, 2010 at 10:41
There are a number of EU banks looking at setting up 'branches' in the UK in order to bypass the excesses of the RDR and take advantage of the decimation of the IFA market.
What is the point of it all?
report thisBanged to Rights
Aug 11, 2010 at 10:49
If a hedge fund or bank can relocate because of ..... then why not IFAs?
As others have said where does it say "kick me" on your business card.
It was interesting to note that one of the first offshore moves to avoid taxation was marmalade makers because of the sugar tax. In the end it was repealed.
(joke in there somewhere.)
report thisAnonymous 1 needed this 'off the record'
Aug 11, 2010 at 11:18
I am about 1 more piece of red tape away from changing my career to a marmalade maker (offshore of course)
report thissilver
Aug 12, 2010 at 08:51
I cant understand all the fuss,if people want to passport for perfectly legitamate reasons be it tax of RDR then they should be free to do so without all the negative comment.
All we get in this industry is negative negative negative,Ive been weariung my tin hat for years but now Im starting to tire somewhat.
Maybe this forum should open some real debate as to both sides of the story,godd,bad and ugly then people can decide for themselves.
I for one am invstigating passporting because Im sick and tired of the various bodies continuosly building their empires at the expense of my business,a business which has grown every year even through the bad times.I still cant believe the FSA dished out bonus when they have failed in their duty time and time again,yet they cry poverty and increase our fees,they are no different to the bankers they do nothing but slate.
Lets open some constructive debate on passporting then people may start to take notice
Well done AIFA for opening this discussion and keep up the good work in relation to this topic.
S
Otherwise I may join the marmalade makers
report thisleave a comment
Please sign in here or register here to comment. It is free to register and only takes a minute or two.