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SEBI climbs down on RIA regulations

Date : 24-01-2017
Name: Vijay Venkatram ARN NO :87541
Firm Name : Wealth Forum City : Mumbai

It appears that SEBI has taken a step back on RIA regulations and has decided to give the issue more consideration - contrary to the situation end of last month, where it appeared to all that it had made up its mind to implement RIA regulations more or less along the lines of its discussion paper.

Clearly, the efforts of FIFA, FIAI, UF, AMFI and all those who made strong representations, have helped in getting to a situation where SEBI is now re-examining its stand. But what seems to have tipped the scales is help from international experts - who form the core of SEBI's International Advisory Board. Here is an extract from the published minutes of SEBI's recent International Advisory Board meeting:

 Migration from Commission Based to Fee Based Advisory Model

The IAB took note of the extant framework for investment advisory business in India including role of mutual fund distributors and regulatory arbitrage between the investment advisor and mutual fund distributor providing advice. The board also took note of the international regulatory developments aimed at addressing inherent conflicts of interest and introduction of more transparency in relation to inducement and commissions received by financial advisers and distributors in jurisdictions like Australia, United Kingdom, USA, Canada, European Union and Singapore. The IAB also deliberated on Robo Advisory. The IAB advised that fee for advice is the journey which needs to be completed. The IAB however advised that the proposed migration needs to be calibrated. The IAB made the following observations in this regard:  

  • Commission based as well as fee based approach to investment advisory can co-exist for the time being. The transition from commission to a fee based approach has to be gradual. Such transition has to happen in tandem across regulatory segments to have uniformity in regulatory stringency across competing segments like securities market, insurance and pension businesses.
  • Regulators need to keep in mind the financial viability and the business model of the advisory business. Proper due diligence before transition in regulatory regime is essential.
  • Distinction between retail and sophisticated investors should be clear. There is a felt need for greater awareness among investors on cost of commission versus fees based advisory.
  • More transparency is required on distributors’ commission in all financial products.
  • Before undertaking any effective steps, SEBI may consider undertaking a study of migration to fee-based advisory model under RDR, FOFA and robo-advisory models.
  • Promote ETF investments as they entail low investment management costs.

There is a clear direction given to SEBI by its IAB to:

1. Move ahead with a fee based model only when it is possible to implement this across all financial products including insurance

2. Conduct an impact analysis on viability of intermediation models before attempting to push through a fee based model, and

3. Conduct an independent review of the actual experience in the UK (RDR) and Australia (FOFA) to understand better the pros and cons of such a move.

4. Allow commission based as well as fee based advisory to remain for now.


What SEBI's IAB has said is exactly what our industry participants have been repeatedly asking SEBI to do. The irony of the situation is that while SEBI keeps talking about embracing international best practices, it is finally a set of international experts who have asked SEBI to take a step back and not rush through with its RIA proposals.

 
Out of the 4 international members of SEBI's IAB, one is a former chief of New Zealand's market regulator and a leading light in IOSCO, the second is a leading European academician and expert on regulation of financial instututions, the third is one of Asia's leading fund industry experts having worked with HSBC, Morgan Stanley and Nikko and the fourth is the ex chief of Hong Kong's market regulator. 

Our industry should indeed be grateful to these luminaries who have asked SEBI to pause, think carefully and act wisely. Now that we have all the recommendations of the IAB on record, SEBI will have to address these recommendations satisfactorily before pushing through its RIA proposals. 

As the IAB mentioned, this is a journey that must be completed, but needs to be carefully calibrated. It would be prudent to assume now that there will perhaps be no immediate rush to complete this journey with undue haste. Distributors will be relieved that the issue of not being permitted to give incidental advice may now go to the back burner, after the IAB's specific recommendation to permit commission based as well as fee based advice to co-exist.

Distributors through their associations - led by FIFA and FIAI - have worked tirelessly to help SEBI understand the pitfalls of its proposal. I guess when you put in a lot of sincere effort, you deserve that slice of luck too in the form of support from unexpected quarters - which is what came our industry's way in the form of the guidance from SEBI's International Advisory Board.

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Comments Posted
RAMESHKUMAR ARN NO :ARN-1965 bangalore, 27 Jun 2017

ITS a good relief for MFD s & I am glad that once again FIFA & wealth forum have put lot effort fpr this . we hope same manner FIFA will try hard to get relief from GST for those who below 20L thresh hold limit . we all MFD join FIFA voluntarily to show our unity & solidarity to defend ourselves

CHETAN SHAH ARN NO :ARN-110098 DHANBAD, 27 Jan 2017

A sigh of relief for the entire IFA Community. Thanks to the tireless efforts of FIFA, FIAI, UF, AMFI and all other regional associations who gave their 100% and ofcourse to the IAB. Without IABs direction this could not have been possible. Lets see how SEBI proceeds further. Also a big Thanks to Wealth Forum, Network FP, Cafe Mutual and other e-magazines who at all point of times have given their views and have stood for the IFA community.

Yogesh Sharma ARN NO :37010 New Delhi, 25 Jan 2017

what it looks good at present but how sebi reacts to these observation ,keep my finger crossed.

Ajay Chacko ARN NO :102438 Vadodara, 24 Jan 2017

I much appreciate the efforts put in by FIFA, FIAI, UF and AMFI and hope this sets the tone for a fair play environ for us MF distributors. Reminds me of David versus Goliath all the time....

Arindam Sinha ARN NO :ARN 24836 Jamshedpur (Jharkhand), 24 Jan 2017

It seems Indian institutions are not convinced until and unless something is not ratified by "eminent people on international advisory panels". I am also convinced that Sebi has thus far been taking the MF advisory community in this country as a group of thugs who were trying somehow to manipulate data/statistics in their favor. So, thanks for the hard work put in thus far by each one of us in the industry & lets also keep our fingers crossed on the final outcome! One can only hope now that good reason/sense would prevail on the powers that be in taking the final call.

Varun ARN NO :ARN-107100 Bangalore, 24 Jan 2017

This is a very good news after a long time!

Dilip Bhunia ARN NO :ARN-84381 Midnapore, 24 Jan 2017

Thanks to SEBI for the decision.Thankful to AMFI,FIFA,FIAI,UF,and International experts for their wise and timely suggestion that has led to this decision.

DB DESAI ARN NO :0234 KUDAL, 24 Jan 2017

I always really wonder why a simple thing like parity of regulations across all the paprticipants of financial markets needs so much of deliberation, time and outside advice when actually it is a plain common sense. IFAs may be lacking articulation and sophistication but the concept at core is the same. I hope everyone will learn something out of this and come out wiser in the future.

DVLSVPRASAD ARN NO :62398 ONGOLE, 24 Jan 2017

THANKS TO ALL. AT LOST SEBI TO RETHINK FORIGN POLICIES.LETS START THINK INDIAN POLICIES

Anand Singh Negi ARN NO :53996 New Delhi, 24 Jan 2017

Thanks to SEBI for this decision. Also Very thankful to AMFI, FIFA,FIAI, UF, International Expert & other Associations for their suggestion & efforts for this decision.

Navin kumar ARN NO :83441 PATNA, 24 Jan 2017

Wealth forum platform may also be appreciated for giving us opportunities to build the momentum. Thanks

ARN-16655 ARN NO :ARN-16655 MUMBAI, 24 Jan 2017

Finally, What Distributors/Advisors were voicing is endorsed by International Experts. Atleast SEBI will now introspect on such related issues. First of all they should understand the immense importance of Advisor Community in taking the Financial Solutions to General Public and spread Financial Awareness to masses. This is the time Entrepreneurship (of this Adivosry/MF Distribution business) should be encouraged (and not discouraged).

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