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WEALTH PLANNING AND
   MANAGEMENT

                 • Lecture 09
      • Issues Related to Wealth Planning
              • and Management



                                      1
CONTENTS
• Introduction
• Users and Providers of wealth Planning
  Services
• Organisations and Governing Bodies
• Regulatory Control
• Ethics and code of Conduct
• Professional Responsibility
• Review Questions
                                           2
INTRODUCTION

• Wealth planning and management as a
  comprehensive programme is still relatively
  new.
• People do plan and manage their wealth in a
  small and ad hoc way but not in a
  comprehensive way.
• It used to be the High Net Worth Individuals
  (HNWI) who find it useful
                                         3
USERS AND PROVIDERS OF WEALTH
       PLANNING SERVICES

• Users of wealth planning services are
  normally individuals (HNWI)
• Corporations usually do it on behalf of
  individuals or for their clients
• Providers of wealth planning services are
  usually firms who can be sole proprietorships
  or a group of individuals or large
  corporations
                                         4
Users of Wealth Planning
          and Management Services
• Wealth planning and management services
  cover different needs at various stages of life.
  Among those needs are:
  – Buying of shares and stocks
  – Purchasing of Real Estate or cars
  – Income Tax
  – Banking services
  – Insurance or Takaful
  – Trustee services
                                           5
Users of Wealth Planning
          and Management Services
• Technically everyone requires some form of
  wealth planning and management
  – When someone starts to work and earn a salary
    he needs to plan how to spend it so that he would
    have enough till the next pay day or even have
    something to save
  – When he gets married he will need to figure out
    how to spend on various needs
  – When he gets a child he may have to look deeper
    into his plans
                                              6
Users of Wealth Planning
            and Management Services
• When one have a bigger family or when he will be due
  for retirement naturally he should have planned to have
  enough for his retirement such that he need not change
  much of his lifestyle.
• For Islamic wealth planning and management the
  considerations are similar but the tools must be Shariah
  compliant. This includes wealth generation instruments
  as well as well protection and distribution. It should also
  include wealth cleansing (zakat)


                                                     7
Providers of Wealth Planning
         and Management Services

• The providers of Islamic wealth planning and
  management services include:
  – Islamic Banks
  – Conventional Banks with Islamic windows
  – Insurance /Takaful Agents
  – Unit Trust Agents
  – Trustee Agents
  – Others

                                          8
Users and Providers of Wealth Planning
           and Management Services
                     Wealth Planning and Management Services



 Bank            Fund            Credit          Stock-     Accountants      Trustee
Managers        Managers       Counsellors      brokers                      Agents

    Real            Tax         Lawyers       Zakat       Unit Trust     Insurance/
Estate Agents    Consultants                 Collectors    Agents      Takaful Agents

 Providers of Wealth Planning and Management Services


                Users of Wealth Planning and Management Services

                                                                            9
ORGANISATIONS AND
           GOVERNING BODIES

• Financial Planning Association with 17
  countries offering Certified Financial Planner
  (CFP) awarded by Financial Planning
  Standards Board (FPSB)
• FPSB founded in 1990, has 17 affiliate
  members who have the right to award the
  CFP. Malaysia is included in the 17


                                         10
ORGANISATIONS AND
             GOVERNING BODIES
• Wealth Management is relatively new and most
  governing bodies are in USA
• International Association of Financial Planning (IAFP)
  was formed in 1969 to promote wealth management,
  conduct educational and training programs for members
  and to promote ethical conduct among practitioners
• In 1998 Society of Financial Services Professional
  (SFSP) was formed and in 1999 the National
  Association of Insurance and Financial Advisers
  (NAIFA) was formed


                                                11
ORGANISATIONS AND
             GOVERNING BODIES
• On the education side, College of Financial Planning
  was formed in 1972 to provide the Certified Financial
  Planner (CFP) program
• The CFP award was later transferred to Certified
  Financial Planner Board of Standards.
• In 1973 the Institute of Certified Financial Planners was
  formed and later the American College created the
  Master of Science in Financial Services (MSFS) which
  later awarded the Chartered Financial Consultant
  (ChFC)

                                                   12
ORGANISATIONS AND
           GOVERNING BODIES

• In UK the Personal Finance Society is the
  main organisation responsible for the
  financial planning industry. Together with the
  Chartered Insurance Institute (CII) it has
  decided to adopt the Chartered Financial
  Planner (CFP) designation as the benchmark
  for its members


                                         13
ORGANISATIONS AND
           GOVERNING BODIES
• In Malaysia the proper training was started in
  1990’s when Malaysian Insurance Institute
  (MII) brought Life Underwriter Training
  Council (LUTC) Fellowship program to
  conduct a module called “Fundamentals of
  Financial Services”.
• Later MII brought American College’s
  Chartered Financial Consultant (ChFC)
  program into Malaysia
                                         14
ORGANISATIONS AND
          GOVERNING BODIES

• Wealth management came into Malaysia only
  in late 1990’s although insurance agents
  called themselves “financial advisors”,
  “financial planners” and “financial
  consultants”
• Later when unit trusts became popular their
  agents also called themselves “financial
  planners”.
                                      15
ORGANISATIONS AND
             GOVERNING BODIES
• On 13 December 1999 the Financial Planning
  Association of Malaysia (FPAM) was formed.
• The mission of FPAM was to educate the public in the
  process and benefits of wealth management and to raise
  the standards of competency and ethical practice of
  qualified financial planners in Malaysia
• The International Association of Registered Financial
  Consultants (IARFC) was established in 1984 as the
  International Association for Registered Financial
  Planners. The Malaysian Affiliate of IARFC was set up
  in 2001 to promote the Registered Financial Consultants
  (RFC) in this region.

                                                 16
ORGANISATIONS AND
             GOVERNING BODIES
• The Malaysian Financial Planning Council (MFPC) was
  later formed which confers the Registered Fianncial
  Planners (RFP) designation. The initial members are the
  Life Insurance Association of Malaysia (LIAM), the
  National Association of Malaysian Life Insurance and
  Financial Advisors (NAMLIFA) and the Malaysian
  Insurance Institute (MII). Since then the MII no longer
  provides education and certification of the ChFC
  designation


                                                 17
REGULATORY CONTROL

• Public confidence in wealth management depends on
  the soundness of financial infrastructure
• For this purpose the following are the key regulations
  affecting wealth planning and management industry:
   –   Banking and Financial Institutions Act (1989)
   –   Islamic Banking Act (1983)
   –   Securities Commission Act 1993
   –   Securities Industry (Central Depository) Act 1983; and to
       some extent the Insurance Act 1996 and the Takaful Act 1984



                                                          18
REGULATORY CONTROL
                          Ministry of Finance


   Bank Negara Malaysia                             Securities Commission



BAFIA   Insurance   Takaful               Securities             Futures Industry
           Act        Act                Industry Act                  Act



                    BURSA MALAYSIA           MESDAQ        COMMEX        KLOFE

                                     SCANS                        Malaysian
                                                                  Derivatives
                                      MCD                       Clearing House

                                                                  19
REGULATORY CONTROL (Malaysia)


• BAFIA under Bank Negara Malaysia provides
  regulation for the banking and financial services
  industry
• BNM objectives are:
   – To issue currency and keep reserves to safeguard value of
     currency
   – To act as a banker and financial advisor to the government
   – To promote monetary stability and sound financial structure
   – To influence credit situation to the benefit of the country



                                                         20
REGULATORY CONTROL (Malaysia)


• With regards to the wealth planning and
  management industry, BNM also announced
  the regulatory framework for the licensing of
  Financial Advisors after the enactment of the
  Insurance (Amendment) Act 2005 (IA) and
  the Insurance (Amendment) Regulations
  2005.


                                         21
REGULATORY CONTROL (Malaysia)

• The Licensing Requirements for Financial Advisors
  (FA) are:
   – FA will be licensed under the Insurance Act as a new category
     of intermediaries. In addition to insurance products, they can
     advise and market other financial products
   – FA must be a body corporate with minimum paid-up capital
     unimpaired by losses of RM100,000 and majority Malaysian-
     controlled
   – FA must have minimum professional indemnity insurance of
     RM200,000
   – Licence will be renewed annually subject to compliance with
     licensing requirements

                                                          22
REGULATORY CONTROL (Malaysia)


• The Licensing Requirements for Financial Advisors
  (FA) are: (cont’d)
   – The FA is also subject to other requirements such as changes in
     shareholding, approval for appointment of CEO and Directors,
     opening of branches and submission of annual returns
   – Representatives of FA must be approved by BNM and have
     specific qualifications as required by BNM
   – The use of “Financial Advisor” is restricted only to those
     awarded the licence




                                                          23
REGULATORY CONTROL (Singapore)


• In Singapore, the sole governing body
  regulating the wealth planning and
  management industry is the Monetary
  Authority of Singapore (MAS)
• Established in 1971 under the Monetary
  Authority of Singapore Act 1970, it is the
  sole authority to regulate all elements of
  monetary, banking and financial aspects in
  Singapore.
                                        24
REGULATORY CONTROL (Singapore)

• MAS is given powers to act as banker to and financial agent of the
  Government. It is to promote monetary stability and formulate credit
  and exchange policies conducive to Singapore’s economic growth
• In April 1977 it took over the regulation of the insurance industry and
  in 1984 the Securities Industry Act (1973)
• MAS now administers the various statutes relating to money,
  banking, insurance, securities and the financial sector in general.
  Following the merger with Board of Commissioners of Currency on
  1st October 2002 it now assumes the function of currency issuance.
• Financial Advisors’ Act provides for the regulation of the wealth
  planning and management industry in Singapore




                                                               25
REGULATORY CONTROL (Singapore)


• Basically MAS’s objectives are:
  – To conduct monetary policy and issue currency,
    and to manage the official foreign reserves and
    the issuance of government securities;
  – To supervise the banking, insurance, securities
    and futures industries, and develop strategies in
    partnership with the private sector to promote
    Singapore as an international financial centre;
    and
  – To build a cohesive and integrated organisation
    of excellence
                                               26
REGULATORY CONTROL
           (United Kingdom)

• In UK, the Financial Services and Markets
  Act 2000 provides for the regulation of the
  wealth planning and management industry
  through the Financial Services Authority
  (FSA).
• The FSA is an independent non-
  governmental body, a company limited by
  guarantee and financed by the financial
  services industry.
                                         27
• The Treasury appoints the FSA Board
REGULATORY CONTROL
           (United Kingdom)

• The four main objectives of FSA are:
  – Maintaining confidence in the financial system;
  – Promoting public understanding of the financial
    system;
  – Securing the appropriate degree of protection for
    consumers; and
  – Reducing the extent to which it is possible for a
    business to be used for a purpose conneced with
    financial crime.
                                              28
ETHICS AND CODE OF
            CONDUCT
• In order to ensure that the wealth planning and
  management industry is professionally run, it was
  decided to adopt a code of conduct
• Two of the most comprehensive codes of conduct are
  the ones adopted by Financial Planning Association of
  Malaysia (FPAM) [CFP Code of Ethics and Professional
  Responsibility] and Society of Financial Services
  Professionals (SFSP) [Code of Professional
  Responsibility]


                                               29
CFP Code of Ethics and
            Professional Responsibility
•   There are 7 principles contained in the CFP
    Cod of Ethics, namely:
    1.   Integrity
    2.   Objectivity
    3.   Competence
    4.   Fairness
    5.   Confidentiality
    6.   Professionalism
    7.   Diligence
                                          30
SFSP code of Professional Responsibility


• SFSP code of Professional Responsibility
  consists of:
  1. Fairness
  2. Competence
  3. Confidentiality
  4. Integrity
  5. Diligence
  6. Professionalism

                                       31
Islamic Ethics and Code of
              Conduct
• These are from the two main sources of
  Islamic teachings: the Quran and the
  Prophetic Traditions
  – Knowledgeable
  – Sincerity
  – Truthfulness
  – Trustworthiness


                                       32
PROFESSIONAL
          RESPONSIBILITY
• The word “professional” has been used in
  many different ways
  – Professional athlete, golfer, wrestler may denote
    one who is skilled and get paid for what he is
    doing
  – A professional makes a living out of playing golf
    for example
  – Some occupations are considered as professions:
    doctors, engineers, lawyers, architects, etc
                                              33
PROFESSIONAL
          RESPONSIBILITY
• What the professionals have in common are
  – Job skills and devotion
  – Reliability
  – Dedication
  – Thoroughness
  – Dependability
  – A commitment to providing good service as well
    as the awareness that his quality of service affects
    the reputation of others in the same profession
                                                34
LEHMAN BROS AND BEAR
           STEARNS
 EXECUTIVES MADE DELIBERATE DECISIONS TO
  PURSUE AGGRESSIVE INVESTMENT STRATEGY
 TAKE ON GREATER RISK
 INCREASE LEVERAGE




                                       35
LEHMAN BROS AND BEAR
            STEARNS –WHY?
•   FLAWED INCENTIVES AND EXECUTIVE PAY STRUCTURE
    – TOP EXECUTIVE REGULARLY CASHED OUT THEIR EQUITY BEFORE STOCK PRICE OF
      THEIR FIRM PLUMMTED (USD1.1B TO USD 859MIL)
    – PAY ARRANGEMENTS DID ONT CONTAIN ANY ‘CLAW BACK’ PROVISIONS WHICH WILL
      ENABLE TO RECOUP THE BONUSES THAT HAD ALREADY BEEN PAID
    – PERFORMANCE-BASED COMPENSATION KEPT THE EXECUTIVES IN PISITIVE TERRITORY
 THE AGGRESSIVE RISK TAKING AT LEHMAN, BEAR STEARNS AND OTHER
  AS A RESULT OF FLAWED INCENTIVES.




                                                                   36
LEHMAN BROS AND BEAR
           STEARNS –WHY?
 THE AGGRESSIVE RISK TAKING AT LEHMAN, BEAR STEARNS AND OTHER
  AS A RESULT OF FLAWED INCENTIVES.
    ABILITY TO CLAIM LARGE AMOUNT OF COMPENSATION BASED ON SHORT TERM
     REESULTS HAD INDUCED THEM TO TAKE EXCESSIVE LEVEL OF RISKS.
 PROBABLE REMEDIES
    REFORM COMPENSATION STRUCTURES TO ENSURE TIGHTER ALIGNMENT BETWEEN
     EXECUTIVES PAYOFFS AND LONG TERM RESULTS
    EQUITY INCENTIVES SHOULD BE SUBJECT TO SUBSTANTIAL LIMITATIONS AIMED AT
     PREVENTING EXECUTIVES FROM PLACING EXCESSIVE WEIGHT ON THEIR FRIM’S
     SHORT TERM STOCK PRICES
    ENHANCING THE VALUE OF COMPANIES AND E=THE WEALTH OF SHAREHOLDERS




                                                                  37
PROFESSIONAL
            RESPONSIBILITY
•   A wealth planning and management
    professional, Burke Christenses, JD, CLU, a
    former vice president of the SFSP suggested
    that “A professional is a person engaged in
    a field that requires:
    1. Specialized knowledge not generally
       understood by the public
    2. A threshold entrance requirement
    3. A Sense of altruism, and
    4. A code of ethics”
                                             38
REVIEW QUESTIONS

1. Describe the users and providers of wealth
  planning services
2.What in your opinion is the most important
  function of governing bodies in the wealth
  management industry?
3.Is there really a need for regulatory control
  when you find that the banking and other
  financial sector has gone into deregulation
  instead?
                                          39
REVIEW QUESTIONS

4. Why do you think ethics and the code of
   conduct is considered essential in the wealth
   planning and management industry?
2. Do you agree with Burke Christensen’s
   suggestion on “Professionalism” and why?
3. Discuss the concept of siddiq and amanah
   in the context of Islamic wealth planning

                                         40

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Lecture 09

  • 1. WEALTH PLANNING AND MANAGEMENT • Lecture 09 • Issues Related to Wealth Planning • and Management 1
  • 2. CONTENTS • Introduction • Users and Providers of wealth Planning Services • Organisations and Governing Bodies • Regulatory Control • Ethics and code of Conduct • Professional Responsibility • Review Questions 2
  • 3. INTRODUCTION • Wealth planning and management as a comprehensive programme is still relatively new. • People do plan and manage their wealth in a small and ad hoc way but not in a comprehensive way. • It used to be the High Net Worth Individuals (HNWI) who find it useful 3
  • 4. USERS AND PROVIDERS OF WEALTH PLANNING SERVICES • Users of wealth planning services are normally individuals (HNWI) • Corporations usually do it on behalf of individuals or for their clients • Providers of wealth planning services are usually firms who can be sole proprietorships or a group of individuals or large corporations 4
  • 5. Users of Wealth Planning and Management Services • Wealth planning and management services cover different needs at various stages of life. Among those needs are: – Buying of shares and stocks – Purchasing of Real Estate or cars – Income Tax – Banking services – Insurance or Takaful – Trustee services 5
  • 6. Users of Wealth Planning and Management Services • Technically everyone requires some form of wealth planning and management – When someone starts to work and earn a salary he needs to plan how to spend it so that he would have enough till the next pay day or even have something to save – When he gets married he will need to figure out how to spend on various needs – When he gets a child he may have to look deeper into his plans 6
  • 7. Users of Wealth Planning and Management Services • When one have a bigger family or when he will be due for retirement naturally he should have planned to have enough for his retirement such that he need not change much of his lifestyle. • For Islamic wealth planning and management the considerations are similar but the tools must be Shariah compliant. This includes wealth generation instruments as well as well protection and distribution. It should also include wealth cleansing (zakat) 7
  • 8. Providers of Wealth Planning and Management Services • The providers of Islamic wealth planning and management services include: – Islamic Banks – Conventional Banks with Islamic windows – Insurance /Takaful Agents – Unit Trust Agents – Trustee Agents – Others 8
  • 9. Users and Providers of Wealth Planning and Management Services Wealth Planning and Management Services Bank Fund Credit Stock- Accountants Trustee Managers Managers Counsellors brokers Agents Real Tax Lawyers Zakat Unit Trust Insurance/ Estate Agents Consultants Collectors Agents Takaful Agents Providers of Wealth Planning and Management Services Users of Wealth Planning and Management Services 9
  • 10. ORGANISATIONS AND GOVERNING BODIES • Financial Planning Association with 17 countries offering Certified Financial Planner (CFP) awarded by Financial Planning Standards Board (FPSB) • FPSB founded in 1990, has 17 affiliate members who have the right to award the CFP. Malaysia is included in the 17 10
  • 11. ORGANISATIONS AND GOVERNING BODIES • Wealth Management is relatively new and most governing bodies are in USA • International Association of Financial Planning (IAFP) was formed in 1969 to promote wealth management, conduct educational and training programs for members and to promote ethical conduct among practitioners • In 1998 Society of Financial Services Professional (SFSP) was formed and in 1999 the National Association of Insurance and Financial Advisers (NAIFA) was formed 11
  • 12. ORGANISATIONS AND GOVERNING BODIES • On the education side, College of Financial Planning was formed in 1972 to provide the Certified Financial Planner (CFP) program • The CFP award was later transferred to Certified Financial Planner Board of Standards. • In 1973 the Institute of Certified Financial Planners was formed and later the American College created the Master of Science in Financial Services (MSFS) which later awarded the Chartered Financial Consultant (ChFC) 12
  • 13. ORGANISATIONS AND GOVERNING BODIES • In UK the Personal Finance Society is the main organisation responsible for the financial planning industry. Together with the Chartered Insurance Institute (CII) it has decided to adopt the Chartered Financial Planner (CFP) designation as the benchmark for its members 13
  • 14. ORGANISATIONS AND GOVERNING BODIES • In Malaysia the proper training was started in 1990’s when Malaysian Insurance Institute (MII) brought Life Underwriter Training Council (LUTC) Fellowship program to conduct a module called “Fundamentals of Financial Services”. • Later MII brought American College’s Chartered Financial Consultant (ChFC) program into Malaysia 14
  • 15. ORGANISATIONS AND GOVERNING BODIES • Wealth management came into Malaysia only in late 1990’s although insurance agents called themselves “financial advisors”, “financial planners” and “financial consultants” • Later when unit trusts became popular their agents also called themselves “financial planners”. 15
  • 16. ORGANISATIONS AND GOVERNING BODIES • On 13 December 1999 the Financial Planning Association of Malaysia (FPAM) was formed. • The mission of FPAM was to educate the public in the process and benefits of wealth management and to raise the standards of competency and ethical practice of qualified financial planners in Malaysia • The International Association of Registered Financial Consultants (IARFC) was established in 1984 as the International Association for Registered Financial Planners. The Malaysian Affiliate of IARFC was set up in 2001 to promote the Registered Financial Consultants (RFC) in this region. 16
  • 17. ORGANISATIONS AND GOVERNING BODIES • The Malaysian Financial Planning Council (MFPC) was later formed which confers the Registered Fianncial Planners (RFP) designation. The initial members are the Life Insurance Association of Malaysia (LIAM), the National Association of Malaysian Life Insurance and Financial Advisors (NAMLIFA) and the Malaysian Insurance Institute (MII). Since then the MII no longer provides education and certification of the ChFC designation 17
  • 18. REGULATORY CONTROL • Public confidence in wealth management depends on the soundness of financial infrastructure • For this purpose the following are the key regulations affecting wealth planning and management industry: – Banking and Financial Institutions Act (1989) – Islamic Banking Act (1983) – Securities Commission Act 1993 – Securities Industry (Central Depository) Act 1983; and to some extent the Insurance Act 1996 and the Takaful Act 1984 18
  • 19. REGULATORY CONTROL Ministry of Finance Bank Negara Malaysia Securities Commission BAFIA Insurance Takaful Securities Futures Industry Act Act Industry Act Act BURSA MALAYSIA MESDAQ COMMEX KLOFE SCANS Malaysian Derivatives MCD Clearing House 19
  • 20. REGULATORY CONTROL (Malaysia) • BAFIA under Bank Negara Malaysia provides regulation for the banking and financial services industry • BNM objectives are: – To issue currency and keep reserves to safeguard value of currency – To act as a banker and financial advisor to the government – To promote monetary stability and sound financial structure – To influence credit situation to the benefit of the country 20
  • 21. REGULATORY CONTROL (Malaysia) • With regards to the wealth planning and management industry, BNM also announced the regulatory framework for the licensing of Financial Advisors after the enactment of the Insurance (Amendment) Act 2005 (IA) and the Insurance (Amendment) Regulations 2005. 21
  • 22. REGULATORY CONTROL (Malaysia) • The Licensing Requirements for Financial Advisors (FA) are: – FA will be licensed under the Insurance Act as a new category of intermediaries. In addition to insurance products, they can advise and market other financial products – FA must be a body corporate with minimum paid-up capital unimpaired by losses of RM100,000 and majority Malaysian- controlled – FA must have minimum professional indemnity insurance of RM200,000 – Licence will be renewed annually subject to compliance with licensing requirements 22
  • 23. REGULATORY CONTROL (Malaysia) • The Licensing Requirements for Financial Advisors (FA) are: (cont’d) – The FA is also subject to other requirements such as changes in shareholding, approval for appointment of CEO and Directors, opening of branches and submission of annual returns – Representatives of FA must be approved by BNM and have specific qualifications as required by BNM – The use of “Financial Advisor” is restricted only to those awarded the licence 23
  • 24. REGULATORY CONTROL (Singapore) • In Singapore, the sole governing body regulating the wealth planning and management industry is the Monetary Authority of Singapore (MAS) • Established in 1971 under the Monetary Authority of Singapore Act 1970, it is the sole authority to regulate all elements of monetary, banking and financial aspects in Singapore. 24
  • 25. REGULATORY CONTROL (Singapore) • MAS is given powers to act as banker to and financial agent of the Government. It is to promote monetary stability and formulate credit and exchange policies conducive to Singapore’s economic growth • In April 1977 it took over the regulation of the insurance industry and in 1984 the Securities Industry Act (1973) • MAS now administers the various statutes relating to money, banking, insurance, securities and the financial sector in general. Following the merger with Board of Commissioners of Currency on 1st October 2002 it now assumes the function of currency issuance. • Financial Advisors’ Act provides for the regulation of the wealth planning and management industry in Singapore 25
  • 26. REGULATORY CONTROL (Singapore) • Basically MAS’s objectives are: – To conduct monetary policy and issue currency, and to manage the official foreign reserves and the issuance of government securities; – To supervise the banking, insurance, securities and futures industries, and develop strategies in partnership with the private sector to promote Singapore as an international financial centre; and – To build a cohesive and integrated organisation of excellence 26
  • 27. REGULATORY CONTROL (United Kingdom) • In UK, the Financial Services and Markets Act 2000 provides for the regulation of the wealth planning and management industry through the Financial Services Authority (FSA). • The FSA is an independent non- governmental body, a company limited by guarantee and financed by the financial services industry. 27 • The Treasury appoints the FSA Board
  • 28. REGULATORY CONTROL (United Kingdom) • The four main objectives of FSA are: – Maintaining confidence in the financial system; – Promoting public understanding of the financial system; – Securing the appropriate degree of protection for consumers; and – Reducing the extent to which it is possible for a business to be used for a purpose conneced with financial crime. 28
  • 29. ETHICS AND CODE OF CONDUCT • In order to ensure that the wealth planning and management industry is professionally run, it was decided to adopt a code of conduct • Two of the most comprehensive codes of conduct are the ones adopted by Financial Planning Association of Malaysia (FPAM) [CFP Code of Ethics and Professional Responsibility] and Society of Financial Services Professionals (SFSP) [Code of Professional Responsibility] 29
  • 30. CFP Code of Ethics and Professional Responsibility • There are 7 principles contained in the CFP Cod of Ethics, namely: 1. Integrity 2. Objectivity 3. Competence 4. Fairness 5. Confidentiality 6. Professionalism 7. Diligence 30
  • 31. SFSP code of Professional Responsibility • SFSP code of Professional Responsibility consists of: 1. Fairness 2. Competence 3. Confidentiality 4. Integrity 5. Diligence 6. Professionalism 31
  • 32. Islamic Ethics and Code of Conduct • These are from the two main sources of Islamic teachings: the Quran and the Prophetic Traditions – Knowledgeable – Sincerity – Truthfulness – Trustworthiness 32
  • 33. PROFESSIONAL RESPONSIBILITY • The word “professional” has been used in many different ways – Professional athlete, golfer, wrestler may denote one who is skilled and get paid for what he is doing – A professional makes a living out of playing golf for example – Some occupations are considered as professions: doctors, engineers, lawyers, architects, etc 33
  • 34. PROFESSIONAL RESPONSIBILITY • What the professionals have in common are – Job skills and devotion – Reliability – Dedication – Thoroughness – Dependability – A commitment to providing good service as well as the awareness that his quality of service affects the reputation of others in the same profession 34
  • 35. LEHMAN BROS AND BEAR STEARNS  EXECUTIVES MADE DELIBERATE DECISIONS TO PURSUE AGGRESSIVE INVESTMENT STRATEGY  TAKE ON GREATER RISK  INCREASE LEVERAGE 35
  • 36. LEHMAN BROS AND BEAR STEARNS –WHY? • FLAWED INCENTIVES AND EXECUTIVE PAY STRUCTURE – TOP EXECUTIVE REGULARLY CASHED OUT THEIR EQUITY BEFORE STOCK PRICE OF THEIR FIRM PLUMMTED (USD1.1B TO USD 859MIL) – PAY ARRANGEMENTS DID ONT CONTAIN ANY ‘CLAW BACK’ PROVISIONS WHICH WILL ENABLE TO RECOUP THE BONUSES THAT HAD ALREADY BEEN PAID – PERFORMANCE-BASED COMPENSATION KEPT THE EXECUTIVES IN PISITIVE TERRITORY  THE AGGRESSIVE RISK TAKING AT LEHMAN, BEAR STEARNS AND OTHER AS A RESULT OF FLAWED INCENTIVES. 36
  • 37. LEHMAN BROS AND BEAR STEARNS –WHY?  THE AGGRESSIVE RISK TAKING AT LEHMAN, BEAR STEARNS AND OTHER AS A RESULT OF FLAWED INCENTIVES.  ABILITY TO CLAIM LARGE AMOUNT OF COMPENSATION BASED ON SHORT TERM REESULTS HAD INDUCED THEM TO TAKE EXCESSIVE LEVEL OF RISKS.  PROBABLE REMEDIES  REFORM COMPENSATION STRUCTURES TO ENSURE TIGHTER ALIGNMENT BETWEEN EXECUTIVES PAYOFFS AND LONG TERM RESULTS  EQUITY INCENTIVES SHOULD BE SUBJECT TO SUBSTANTIAL LIMITATIONS AIMED AT PREVENTING EXECUTIVES FROM PLACING EXCESSIVE WEIGHT ON THEIR FRIM’S SHORT TERM STOCK PRICES  ENHANCING THE VALUE OF COMPANIES AND E=THE WEALTH OF SHAREHOLDERS 37
  • 38. PROFESSIONAL RESPONSIBILITY • A wealth planning and management professional, Burke Christenses, JD, CLU, a former vice president of the SFSP suggested that “A professional is a person engaged in a field that requires: 1. Specialized knowledge not generally understood by the public 2. A threshold entrance requirement 3. A Sense of altruism, and 4. A code of ethics” 38
  • 39. REVIEW QUESTIONS 1. Describe the users and providers of wealth planning services 2.What in your opinion is the most important function of governing bodies in the wealth management industry? 3.Is there really a need for regulatory control when you find that the banking and other financial sector has gone into deregulation instead? 39
  • 40. REVIEW QUESTIONS 4. Why do you think ethics and the code of conduct is considered essential in the wealth planning and management industry? 2. Do you agree with Burke Christensen’s suggestion on “Professionalism” and why? 3. Discuss the concept of siddiq and amanah in the context of Islamic wealth planning 40