Are advisors professionals, or salespeople masquerading?

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Re: Are advisors professionals, or salespeople masquerading?

Postby admin » Sun Jul 25, 2010 11:10 am

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I received some feedback recently after a speech I gave on, “How To Make Financial Crime Pay”. It prompted me to write the following for the investing public, based on my experience of working over twenty years inside the investment industry.

The feedback referred to the Certified Financial Planning designation as if it were a license or a profession when sadly it is not.  Not yet at least. It is a correspondence course that anyone can take, with no minimum requirements.  It does not replace, improve, or over-rule the fact that nearly every single person calling themselves a CFP, CIM, or CF “anything” is being paid by sales commissions. An “eat what you kill” incentive plan. It might serve to mislead the public, however into believing otherwise and that unfortunately is the intent of some sellers. To mislead. To sell. (I must update this and apologize to members of the CFA, whom are the LEAST likely to be salespeople, have the LEAST amount of investment industry complaint on them, and require the GREATEST amount of professional training to obtain this CFA designation)

When I worked in the investment industry approximately 100% of persons selling financial products were legally licensed and registered in a category called “salesperson”.  However this name was always cleverly hidden from the public using the many other names financial salesmen call themselves. Some call themselves planners, some advisors, some consultants. Zero called themselves what they were licensed as. Zero referred to themselves by how they were paid. The public should be asking government why this is allowed. All licensed salespersons found methods to avoid using the “saleperson” word. In some circles that is called misrepresentation. In my financial industry this is called “standard industry practice”. Call your MP and MLA and tell them this is no longer acceptable.

The fact that many industry people might have taken a course, titled Certified Financial Planning, or any one of a thousand such courses anyone can take, has little to do with their license, their practice or their behavior.  I provided industry sales stats in my speaking presentation that show how most mutual funds are sold with the highest reward to the salesperson and the greatest penalty to the customer. This is not “advice”, nor is it planning. This is predatory selling under the clever disguise of giving advice. It is also against the law and every code of conduct and industry rule. Again, this is standard industry practice. Having a Certified Financial “anything” course does not change this reality. It just makes misleading the public into believing and parting with their money a bit easier. Many courses are simply used for marketing, to allow a salesman to proclaim a “sort of professional” status while operating totally as a commission product seller. 

To mistake the name of a “course” for a “profession” and to begin calling oneself a “certified financial planner” when ones license with the government says something else, and ones compensation comes from commissions, is just one of many sleight of hand misrepresentations that my speech included that permits financial crime to pay so well.  Using the same logic, should I be calling myself a Doctor, since I took a first aid course? The logic would be yes if we were talking about the investment industry. It would sell better.

Until members of the investment industry display an actual license on the wall in their office, the public will never know whether they are dealing with a salesperson, or a trusted professional advisor, or the brand new name given to nearly all 130,000 formerly licensed “salespersons” in Canada; “dealing representative”. Yes, the securities commission in your province cleverly and quietly just removed all reference to the word “salesperson” on Sept 29 of this year, and replaced it with “dealing representative”. I will let you think through the possible motivations of doing this, and while you are thinking this through, keep in mind that the salaries of each person at the provincial regulator are paid by fees charged to the industry they regulate, the investment industry.

Other developed countries have learned that one cannot both be a trusted professional advisor and a commission salesperson at the same time. Canada is a bit behind and is struggling to have it both ways as long as it possibly can. We have five major banks here who do over 90% of the investment business in the country and they very much enjoy the Canadian way of having your cake and eating it too.

Further info and background to this can be found at http://www.breachoftrust.ca as well as full video of the Southern Alberta Council speech titled “Making Financial Crime Pay” A How to Guide by a former industry insider.

Signed Larry Elford   (formerly a Chartered Financial Planner, Certified Investment Manager, Fellow of the Canadian Securities Institute and Associate Portfolio Manager, now retired)
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Re: Are advisors professionals, or salespeople masquerading?

Postby admin » Sun Jul 25, 2010 11:38 am

Bloomberg · Monday, Jul. 19, 2010

In the financial overhaul legislation passed by Congress last week, the Securities and Exchange Commission was charged with looking at whether a fiduciary standard of legal responsibility should apply to both investment advisers, who usually charge a fee to give unbiased, personalized analysis to clients based on assets under management, and broker-dealers, who earn fees by executing trades and are paid commissions based on the products they sell. A fiduciary standard means putting clients’ interest first when acting as advisors. (advisor comment.....except in Canada)

Bloomberg.com



Read more: http://www.financialpost.com/news/climb ... z0uijnMwQg
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Re: Are advisors professionals, or salespeople masquerading?

Postby admin » Fri Aug 20, 2010 3:49 am

Janet McFarland
From Friday's Globe and Mail
Published on Thursday, Aug. 19, 2010 7:21PM EDT
Last updated on Friday, Aug. 20, 2010 6:32AM EDT
Next time your phone rings, it may not be your broker with a hot tip.

Canada’s national telecommunications regulator unveiled a decision Thursday declaring advisers who sell and promote financial products or services to be “telemarketers,” who must now abide by the same rules as other phone solicitors.

The decision will not end calls from financial advisers to their existing clients, but it will compel the advisers to register with regulators as telemarketers and abide by restrictions facing the industry, including limits on the times of day that clients can be called.

The Canadian Radio-television and Telecommunications Commission’s decision effectively removed an exemption for financial advisers that had been granted in 2008 when telemarketing rules were revamped.

“The commission notes that every other industry is subject to the telemarketing rules … when making unsolicited calls to sell or promote products to existing clients,” the CRTC said in its decision.

Susan Copland, policy director at the Investment Industry Association of Canada (IIAC), which represents Canada’s largest brokerage firms, said the decision won’t curtail all communications between brokers and clients, but sends the wrong message that financial advisers are akin to strangers selling unwanted products.

“It’s the same framework as if they were selling carpet cleaning services,” she said.


Ms. Copland said financial advisers are heavily regulated and face a competing regulatory requirement to contact customers in certain circumstances if their financial situations change or their investments change.

Moreover, she said that by being labelled as telemarketers, financial advisers must go through a “spiel” to identify themselves at the beginning of each phone call and face restrictions calling clients in different time zones. For example, the Toronto Stock Exchange opens at 9:30 a.m. ET, which is 6:30 a.m. in British Columbia. This falls outside the permitted calling time of 9 a.m. local time under telemarketing rules.

Telemarketing rules also only recognize someone as an existing client if they have bought a service within the prior 18 months or if they have contacted the company with a request for services within the last six months, she said. That means some people who do not often deal with their advisers could be deemed to no longer be existing customers, which means the adviser cannot call them if they have registered with the national “do not call” list.

“It’s almost regulation for the sake of regulation,” Ms. Copland said. “Clearly this isn’t a telemarketing service. You have a relationship with your financial adviser.”

The decision was a response to a request from the insurance industry that insurance brokers receive the same right as financial advisers to be exempt from the telemarketing rules. Instead of extending the exemption to the insurance sector, however, the CRTC decided to level the playing field by removing the exemption from financial advisers.

“It’s lousy,” said Steve Masnyk, spokesman for the Insurance Brokers Association of Canada. “It’s not good for consumers.”

The CRTC ruling noted there is no restriction on brokers contacting clients through means other than the telephone.

But Ms. Copland said legislation is now being drafted to create a “do not e-mail” list for Canadians, which could curtail the another key way brokers talk to clients. “I’m not quite sure how our industry will communicate with clients,” she said.

She said IIAC will look at whether it can appeal the CRTC decision or seek to have it amended.
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Re: Are advisors professionals, or salespeople masquerading?

Postby admin » Tue Aug 24, 2010 9:45 am

Screen shot 2010-08-24 at 10.38.44 AM.png
HOW TO BECOME AN INVESTMENT ADVISOR

http://www.xtranormal.com/watch/6984423

Link above takes you to a two minute introduction to what it takes to become an "investment advisor" in Canada. You may have been giving the title a bit more cachet than it deserves, and it may be hurting your financial health.

Here is a candid attempt to describe, without misrepresentation, the requirements and the role of 80% to 90% of those in Canada who call themselves an "advisor". The other ten percent who are indeed pro's, all work for the system, and thus they are unable to speak up without being fired. They are caught being a minority as well as caught in a system with a disciplined code of silence to protect itself.
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Re: Are advisors professionals, or salespeople masquerading?

Postby admin » Mon Aug 30, 2010 9:01 am

American Economic Review
Vol. 99, No. 3, June 2009

Misselling through Agents
Roman Inderst and Marco Ottaviani

Article Citation
Inderst, Roman, and Marco Ottaviani. 2009. "Misselling through Agents." American Economic Review, 99(3): 883–908.
DOI:10.1257/aer.99.3.883

Abstract
This paper analyzes the implications of the inherent conflict between two tasks performed by direct marketing agents: prospecting for customers and advising on the product's "suitability" for the specific needs of customers. When structuring salesforce compensation, firms trade off the expected losses from "misselling" unsuitable products with the agency costs of providing marketing incentives. We characterize how the equilibrium amount of misselling (and thus the scope of policy intervention) depends on features of the agency problem including: the internal organization of a firm's sales process, the transparency of its commission structure, and the steepness of its agents' sales incentives. (JEL M31, M37, M52)

Authors
Inderst, Roman (Johann Wolfgang Goethe U Frankfurt)
Ottaviani, Marco (Northwestern U)
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