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Transformation of Financial Advice
– The Royal Commission + changes in legislation + professional standards for
advisers means everything will be different
Dr Deen Sanders OAM 2018
Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 5
©2018 Deloitte Touche Tohmatsu. All rights reserved.
What is FASEA?
Financial Adviser Standards and
Ethics Authority
FASEA was introduced as a result of the passing of the
Corporations Amendment (Professional Standards of
Financial Advisers) Act 2017.
It introduced several measures to raise the education,
training and ethical standards of financial advisers
providing personal advice to retail clients on more
complex financial products with the legislative goal to
restore trust and confidence in the financial advice
sector.
Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 6
Adviser consequences
What is the
consequence for
Advisers
Jan 2019
New entrant education
requirements in place
PY requirement (advice
prohibitions) commence
for all new Advisers
CPD requirement
commences
Restriction on use of
terms begins
Exam doors
open Jan 2020
Code of Ethics
compliance begins
Jan 2021
Exam must be
passed or forced
Adviser exit
Jan 2024
Qualifications to
be completed
Transition
concludes
Undertake exam
Qualification
Degree – new
Post graduate –
existing
Code of Ethics
(Monitoring Body)
Continuing
Professional
Development
Professional
year
CPD reporting to
all parties
Mar-Jun(?) 2019
~ 18 months (?)
Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 7CONFIDENTIAL
https://www.professionalplanner.com.au/2018/09/advisers-see-regulation-fasea-standards-hindering-growth/
Advisers see regulation, FASEA standards as the most significant risks to their
business and barriers to future growth
Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 8CONFIDENTIAL
Education
pathways
Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 9CONFIDENTIAL
What does it
really mean
Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 10CONFIDENTIAL
FASEA Code of
Ethics
Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 11CONFIDENTIAL
Code Monitoring Bodies and
Regulation of Standards
Protecting and leveraging your own compliance systems
Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 12CONFIDENTIAL
The real
threshold
point
Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 13CONFIDENTIAL
CPD
Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 14CONFIDENTIAL
What you can change
and what you cant
Reluctance from some
to disagree with
FASEA because it
implies disagreement
with raising
professional and
education standards.
Its entirely
appropriate to agree
with the goal but
disagree with the
process and the
outcome
14 December
7 days left to
have your say
19 December
10 days left to
have your say
Closed
Closed
Closed
?!
Looking through the
wrong end of the
telescope
© 2014 Deloitte Touche Tohmatsu16
FASEA Standards are not an education exercise
focused only on changing financial advisers
Standards Reform is
about changing the
power and dynamics
between consumers,
their professional
advisers and the
financial services
industry
© 2013 Deloitte Touche Tohmatsu
The temperatureonly needs
toraise bymore than 3
degrees for the planet to
change irrevocably – into one
outside the range previously
experienced byhumanity–
James HansenHayne Royal Commission - North Star for conduct and compliance needs to
be ‘should we?’ rather than ‘can we?’
Productivity Commission – indicators of the use of market power to the detriment of consumers (August 2018)
ASIC –the choice between interest and duty to the client is resolved, more often than not, in favour of self interest.
APRA – Prudential inquiry into the Commonwealth Bank of Australia
Institutional Financial Services – running financial advice is no longer viable as a core business, in consideration of
the costs and the risks
Clear writing on the wall that regulators,community,
governmentand even markets are demandinga change in
the way business in Australia is purposed and how
obligationsto clients should (but don’t)sit at the centre of
good business practice
Temperature is rising
Everything will change in
Financial Services
Not just because of the Royal
Commission but because change is
what
the community wants,
the market demands and
the industry needs.
© 2013 Deloitte Touche Tohmatsu
What will trustworthiness in business demand in the future FSI landscape?
We have distilled 8 key themes from the Interim Report that we think will be critical in shaping the future:
Executive Summary
Theme Deloitte Point of View So what’s next
1.
Community
standards &
expectations
have been brought into sharp focus.
Firms will need to take a lead role in ‘driving’ this new benchmark by
committing to truthfulness, and reorienting to deliver on promises
made.
2. Ethical conduct
ethical leadership will need to be negotiated and
staked out by every organisation.
Firms will need to return to first principles asking what does good
behaviour look like at every level of action and how systems,
policies, and structures can be built to support that.
3. Conflicts of Interest
Will be re-defined and more clearly framed
according to duties owed and accountabilities met.
Firms will need to clearly map conflicts of interest against duties and
identify conflicts that cannot or should not be managed by traditional
means and may need to be avoided altogether.
4.
Remuneration &
Incentives
The biasing power of remuneration and incentive
models is now an established truth. Futuremodels
will need to be informedby what motivates people.
Firms will need to reset models according to real motivations and
target systems, policies and structuresto support that.
© 2013 Deloitte Touche Tohmatsu
What will trustworthiness in business demand in the future FSI landscape?
We have distilled 8 key themes from the Interim Report that we think will be critical in shaping the future:
Executive Summary
Theme Deloitte Point of View So what’s next
5. Professionalism
Individual accountabilityunderpinned by formal
systems of standards and measurable conduct will be
the new norm for the industry.
Firms will need to take the lead by building a framework that
references professional expectations for education, ethics, and
accountability.
6.
Client Care &
Outcomes
Truthfulservices and outcomes will be the new
benchmark as outcomes will drive process. A shift in
mindset from buyer beware to seller beware will be
needed.
Firms will need to have a clear understanding of client
expectations and stay agile in order to continually deliver
services that meet them and/or respond appropriately when
they do not.
7.
Governance &
Oversight
Stewardship will be defined by governance models
calibrated to enable Boards to ‘choose to know’ and
‘’choose to act’ to predict and prevent misconduct.
Firms will need to re-calibrate governance models to be
predictive and preventive and this will require better informed
decision making supported by improved information flows (of
good and bad news).
8.
Regulation &
Regulators
Regulation has not met communityexpectations of
fairness and consumer protection and new regulatory
models, increased powers, and proactive compliance
is likely to dominate.
Firms will need to prepare people, systems, and processes for
increased transparency and internal oversight to ensure they
are able to compete in this new regulatory landscape.
© 2014 Deloitte Touche Tohmatsu21
Change in the way
consumers interact
with financial services
Source
The thick edge of the wedge The
future for financial advice and the client
service dynamic
3 channels
for financial
advice in
the future
© 2014 Deloitte Touche Tohmatsu22
Change in the value propositionand business
model for financial services
Financial Advice is just the
thin edge of the wedge for
whole of industry change
Professionalisation and transformation (restoring
trust and confidence) with wide ranging effect on the
entire business model of financial services is the
natural consequence.
It is the biggest shift to individual accountability since
the introduction of Corporations Act.
It’s intent is larger than FOFA.
This publication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms, or their related entities
(collectively the “Deloitte Network”) is, by means of this publication, rendering professional advice or services.
Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser.
No entity in the Deloitte Network shall be responsible for any loss whatsoever sustained by any person who relies on this publication.
About Deloitte
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms,
each of which is a legally separate and independent entity. Please see www.deloitte.com/au/about for a detailed description of the legal structure
of Deloitte Touche Tohmatsu Limited and its member firms.
Deloitte provides audit, tax, consulting, and financial advisory services to public and private clients spanning multiple industries. With a globally
connected network of member firms in more than 150 countries, Deloitte brings world-class capabilities and high-quality service to clients,
delivering the insights they need to address their most complex business challenges. Deloitte has in the region of 244,000 professionals, all
committed to becoming the standard of excellence.
About Deloitte Australia
In Australia, the member firm is the Australian partnership of Deloitte Touche Tohmatsu. As one of Australia’s leading professional services firms,
Deloitte Touche Tohmatsu and its affiliates provide audit, tax, consulting, and financial advisory services through approximately 7,000 people
across the country. Focused on the creation of value and growth, and known as an employer of choice for innovative human resources programs,
we are dedicated to helping our clients and our people excel. For more information, please visit Deloitte’s web site at www.deloitte.com.au.
Liability limited by a scheme approved under Professional Standards Legislation.
Member of Deloitte Touche Tohmatsu Limited
© 2018 Deloitte Touche Tohmatsu.
Surviving and thriving in a post FASEA environment

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Surviving and thriving in a post FASEA environment

  • 1.
  • 2.
  • 3. Transformation of Financial Advice – The Royal Commission + changes in legislation + professional standards for advisers means everything will be different Dr Deen Sanders OAM 2018
  • 4. Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 5 ©2018 Deloitte Touche Tohmatsu. All rights reserved. What is FASEA? Financial Adviser Standards and Ethics Authority FASEA was introduced as a result of the passing of the Corporations Amendment (Professional Standards of Financial Advisers) Act 2017. It introduced several measures to raise the education, training and ethical standards of financial advisers providing personal advice to retail clients on more complex financial products with the legislative goal to restore trust and confidence in the financial advice sector.
  • 5. Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 6 Adviser consequences What is the consequence for Advisers Jan 2019 New entrant education requirements in place PY requirement (advice prohibitions) commence for all new Advisers CPD requirement commences Restriction on use of terms begins Exam doors open Jan 2020 Code of Ethics compliance begins Jan 2021 Exam must be passed or forced Adviser exit Jan 2024 Qualifications to be completed Transition concludes Undertake exam Qualification Degree – new Post graduate – existing Code of Ethics (Monitoring Body) Continuing Professional Development Professional year CPD reporting to all parties Mar-Jun(?) 2019 ~ 18 months (?)
  • 6. Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 7CONFIDENTIAL https://www.professionalplanner.com.au/2018/09/advisers-see-regulation-fasea-standards-hindering-growth/ Advisers see regulation, FASEA standards as the most significant risks to their business and barriers to future growth
  • 7. Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 8CONFIDENTIAL Education pathways
  • 8. Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 9CONFIDENTIAL What does it really mean
  • 9. Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 10CONFIDENTIAL FASEA Code of Ethics
  • 10. Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 11CONFIDENTIAL Code Monitoring Bodies and Regulation of Standards Protecting and leveraging your own compliance systems
  • 11. Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 12CONFIDENTIAL The real threshold point
  • 12. Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 13CONFIDENTIAL CPD
  • 13. Advice Standards Reform – Transformation platform© 2018 Deloitte Touche Tohmatsu. 14CONFIDENTIAL What you can change and what you cant Reluctance from some to disagree with FASEA because it implies disagreement with raising professional and education standards. Its entirely appropriate to agree with the goal but disagree with the process and the outcome 14 December 7 days left to have your say 19 December 10 days left to have your say Closed Closed Closed ?!
  • 14. Looking through the wrong end of the telescope
  • 15. © 2014 Deloitte Touche Tohmatsu16 FASEA Standards are not an education exercise focused only on changing financial advisers Standards Reform is about changing the power and dynamics between consumers, their professional advisers and the financial services industry
  • 16. © 2013 Deloitte Touche Tohmatsu The temperatureonly needs toraise bymore than 3 degrees for the planet to change irrevocably – into one outside the range previously experienced byhumanity– James HansenHayne Royal Commission - North Star for conduct and compliance needs to be ‘should we?’ rather than ‘can we?’ Productivity Commission – indicators of the use of market power to the detriment of consumers (August 2018) ASIC –the choice between interest and duty to the client is resolved, more often than not, in favour of self interest. APRA – Prudential inquiry into the Commonwealth Bank of Australia Institutional Financial Services – running financial advice is no longer viable as a core business, in consideration of the costs and the risks Clear writing on the wall that regulators,community, governmentand even markets are demandinga change in the way business in Australia is purposed and how obligationsto clients should (but don’t)sit at the centre of good business practice Temperature is rising
  • 17. Everything will change in Financial Services Not just because of the Royal Commission but because change is what the community wants, the market demands and the industry needs.
  • 18. © 2013 Deloitte Touche Tohmatsu What will trustworthiness in business demand in the future FSI landscape? We have distilled 8 key themes from the Interim Report that we think will be critical in shaping the future: Executive Summary Theme Deloitte Point of View So what’s next 1. Community standards & expectations have been brought into sharp focus. Firms will need to take a lead role in ‘driving’ this new benchmark by committing to truthfulness, and reorienting to deliver on promises made. 2. Ethical conduct ethical leadership will need to be negotiated and staked out by every organisation. Firms will need to return to first principles asking what does good behaviour look like at every level of action and how systems, policies, and structures can be built to support that. 3. Conflicts of Interest Will be re-defined and more clearly framed according to duties owed and accountabilities met. Firms will need to clearly map conflicts of interest against duties and identify conflicts that cannot or should not be managed by traditional means and may need to be avoided altogether. 4. Remuneration & Incentives The biasing power of remuneration and incentive models is now an established truth. Futuremodels will need to be informedby what motivates people. Firms will need to reset models according to real motivations and target systems, policies and structuresto support that.
  • 19. © 2013 Deloitte Touche Tohmatsu What will trustworthiness in business demand in the future FSI landscape? We have distilled 8 key themes from the Interim Report that we think will be critical in shaping the future: Executive Summary Theme Deloitte Point of View So what’s next 5. Professionalism Individual accountabilityunderpinned by formal systems of standards and measurable conduct will be the new norm for the industry. Firms will need to take the lead by building a framework that references professional expectations for education, ethics, and accountability. 6. Client Care & Outcomes Truthfulservices and outcomes will be the new benchmark as outcomes will drive process. A shift in mindset from buyer beware to seller beware will be needed. Firms will need to have a clear understanding of client expectations and stay agile in order to continually deliver services that meet them and/or respond appropriately when they do not. 7. Governance & Oversight Stewardship will be defined by governance models calibrated to enable Boards to ‘choose to know’ and ‘’choose to act’ to predict and prevent misconduct. Firms will need to re-calibrate governance models to be predictive and preventive and this will require better informed decision making supported by improved information flows (of good and bad news). 8. Regulation & Regulators Regulation has not met communityexpectations of fairness and consumer protection and new regulatory models, increased powers, and proactive compliance is likely to dominate. Firms will need to prepare people, systems, and processes for increased transparency and internal oversight to ensure they are able to compete in this new regulatory landscape.
  • 20. © 2014 Deloitte Touche Tohmatsu21 Change in the way consumers interact with financial services Source The thick edge of the wedge The future for financial advice and the client service dynamic 3 channels for financial advice in the future
  • 21. © 2014 Deloitte Touche Tohmatsu22 Change in the value propositionand business model for financial services Financial Advice is just the thin edge of the wedge for whole of industry change Professionalisation and transformation (restoring trust and confidence) with wide ranging effect on the entire business model of financial services is the natural consequence. It is the biggest shift to individual accountability since the introduction of Corporations Act. It’s intent is larger than FOFA.
  • 22. This publication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms, or their related entities (collectively the “Deloitte Network”) is, by means of this publication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte Network shall be responsible for any loss whatsoever sustained by any person who relies on this publication. About Deloitte Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.com/au/about for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms. Deloitte provides audit, tax, consulting, and financial advisory services to public and private clients spanning multiple industries. With a globally connected network of member firms in more than 150 countries, Deloitte brings world-class capabilities and high-quality service to clients, delivering the insights they need to address their most complex business challenges. Deloitte has in the region of 244,000 professionals, all committed to becoming the standard of excellence. About Deloitte Australia In Australia, the member firm is the Australian partnership of Deloitte Touche Tohmatsu. As one of Australia’s leading professional services firms, Deloitte Touche Tohmatsu and its affiliates provide audit, tax, consulting, and financial advisory services through approximately 7,000 people across the country. Focused on the creation of value and growth, and known as an employer of choice for innovative human resources programs, we are dedicated to helping our clients and our people excel. For more information, please visit Deloitte’s web site at www.deloitte.com.au. Liability limited by a scheme approved under Professional Standards Legislation. Member of Deloitte Touche Tohmatsu Limited © 2018 Deloitte Touche Tohmatsu.