ARTICLE
24 July 2007

FSA’s Review Of Retail Distribution - Discussion Paper 07/1

CC
CMS Cameron McKenna Nabarro Olswang

Contributor

CMS is a Future Facing firm with 79 offices in over 40 countries and more than 5,000 lawyers globally. Combining local market insight with a global perspective, CMS provides business-focused advice to help clients navigate change confidently. The firm's expertise and innovative approach anticipate challenges and develop solutions. CMS is committed to diversity, inclusivity, and corporate social responsibility, fostering a supportive culture. The firm addresses key client concerns like efficiency and regulatory challenges through services like Law-Now, offering real-time eAlerts, mobile access, an extensive legal archive, specialist zones, and global events.

FSA has become increasingly uneasy over what it perceives to be the continuing poor quality and limited scope of retail advice.
United Kingdom Consumer Protection

The issues in summary

FSA has become increasingly uneasy over what it perceives to be the continuing poor quality and limited scope of retail advice.

Against this background, FSA now says that

"There is general agreement that the quality of advice and clarity of services offered to many consumers needs to improve to enhance the industry’s reputation and build consumer trust. This could be achieved by improved standards of professionalism and a clearer distinction between the different services being offered to consumers."

FSA believes that retail products with complex charging structures are bought by customers with little experience, who find it difficult to understand risks or commitment. Customers do not have sufficient understanding to engage in the selling process and so rely heavily on advisers, whose remuneration structure may be inconsistent with fulfilling customers’ needs. The poor quality of advice may only become apparent many years after the sale. FSA supports this argument by pointing to classic failures such as mortgage endowments, personal pensions, Splits and Structured capital-at-risk products.

To tackle these issues, FSA convened five industry-focused groups to review:

  • sustainability of the distribution sector;
  • impact of incentives on advice processes;
  • professionalism and reputation of the sector;
  • consumer access to financial products and services; and
  • regulatory barriers and enablers for the market solutions".

Together, the groups have come up with a radical series of proposals for reform which, in effect, call for

  • Higher training and prudential standards for retail advisers;
  • A reduction in, if not the elimination of, commission based selling and its replacement by customer-agreed remuneration;
  • A new polarisation of retail advice, with full in-depth advice provided to those prepared to pay for it and lesser, more elementary, advice for those who cannot.

Please click here to download the full article.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was xx/xx/xxxx.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More