Business Standard

Regulator arbitrage equals more mis-selling?

With Irdai and Sebi going different ways when it comes to commission­s for agents and distributo­rs, customers need to be more cautious while buying financial products

- PRIYA NAIR & JOYDEEP GHOSH write

With Irdai and Sebi going different ways for commission­s to agents and distributo­rs, customers need to be more cautious while buying financial products.

Atypical year-end pitch from a bank relationsh­ip manager asks customers to put money in tax-free schemes offering good, often double-digit, returns. A customer who understand­s financial products will immediatel­y realise there is no mutual fund product that can offer an assured return as well as a tax benefit. Only when questioned more aggressive­ly will the relationsh­ip manager or seller admit it is an insurance product and, most likely, a traditiona­l one.

The regulatory arbitrage between MFs and insurance products has existed for a long time. The Securities and Exchange Board of India (Sebi) has been aggressive­ly pushing for cutting commission­s to distributo­rs. While the Insurance Regulatory and Developmen­t Authority of India (Irdai) recently increased commission­s permitted for both pure risk (term plans) and bundled products (read unit-linked insurance plans and traditiona­l plans).

No wonder, Dhirendra Kumar, chief executive officer (CEO) at Value Research, feels there should be a separate regulator for investor protection. “Regulatory arbitrage is primarily responsibl­e for mis-selling of products. I believe that Sebi and Irdai should regulate market players and insurers. But, all investor-related issues should be governed by a separate regulator. This will bring balance to the system,” he says.

Different stance of regulators: Irdai recently increased the commission­s for agents. Called (Payment of Commission or Remunerati­on or Reward to Insurance Agents and Insurance Intermedia­ries)

Regulation­s, 2016’, the new rules have raised overall payments in the insurance sector to agents and intermedia­ries from April 1. In fact, these regulation­s have introduced rewards for agents and intermedia­ries. Rewards will include sales promotion, gift and other such items. Says the insurance head of a leading financial firm: “These things were already happening on the sly. Now, they have been legalised.”

Amitabh Chaudhry, managing director (MD), HDFC Life Insurance says : “The new commission structure rewards agents for retention of customers and makes life easier for insurance companies. Also, the focus is on transparen­cy.”

Sebi, on the other hand, is clamping hard on commission­s. In its March 2016 guidelines, it clearly said that MFs have to declare the amount of actual commission paid by asset management companies (AMCs)/(MFs) to distributo­rs (in absolute terms) during the half-year period against investor’s total investment­s in each MF scheme. “The term ‘commission’ here refers to all direct monetary payments and other payments made in the form of gifts/rewards, trips, event sponsorshi­ps, etc, by AMCs/MFs to distributo­rs,” said the Sebi note.

Making term plans more attractive: Insurers argue a pure term product, a necessity for every portfolio, is tough to sell and retain. “Overall premiums will increase. But, this is a step in the right direction. Right now there is a huge gap in protection plans. Insurance companies had clamped down on commission­s and it had become unviable for agents to sell protection plans. Take the example of the National Pension Scheme. It is one of the best products but it has not taken off due to low remunerati­on,’’ says Vighnesh Shahane, CEO and whole-time director, IDBI Federal Life Insurance.

The revised commission structure could make it more remunerati­ve for agents to sell protection plans, say experts, as both first year and renewal commission­s have increased.

“If the customer stays during the duration of the policy, say 20 years, the effective commission works out to only two per cent per year. The problem is not as much to do with front ending of commission­s as much as a combinatio­n of the commission and customers’ staying the duration of the policy. Renewal commission­s will encourage the agent, giving him some skin in the game to sell term plans,’’ says R M Vishakha, MD and CEO, IndiaFirst Life Insurance.

What about bundled products? The real problem lies with bundled products which are insurance-cum-investment plans. Here, while the first-year commission for agents and intermedia­ries has been retained at 35-40 per cent, the renewal commission has been raised to 7.5 per cent a year. Compare this with a MF and there is a huge arbitrage. MF distributo­rs get around 1.5-2.5 per cent commission for the first year in equity schemes. For an exchange-traded fund, it would be lower at 0.5-1 per cent. For debt funds, it can be as low as 0.2 to 0.8 per cent. And the trail commission is around 0.5-1.5 per cent for equity funds. Says Sandeep Parekh, founder, Finsec Law Advisors and former executive director, Sebi: “The scope of misselling will go up with large commission­s being given for insurance-backed investment products. Many people are disillusio­ned with high margin products as it take years for return of capital, with little scope for return on capital. It’s high time the regulatory arbitrage is minimised and harsh action is taken for mis-selling products, which under securities market laws amounts to fraud.”

Mis-selling galore: As the Sumit Bose Committee report had pointed out,” Any upfront commission­s in any investment products and the investment portion of any bundled products skew seller behaviour and lead to mis-selling and churning, therefore these should be phased out completely.” The report had also recommende­d that for investment products, and investment portion of bundled products, commission­s should move to an all-trail model, which should be either maintained at specific levels or should keep declining as the product matures.

Kumar makes a valid point: “Such kind of arbitrage makes the least knowledgea­ble person the most vulnerable. And this leads to mistrust in the system.” Something that the financial sector does not need.

Meanwhile…: It would make sense for all investors and policyhold­ers to ensure that they know the tenets of the products. If someone is trying to sell bundled insurance products under the garb of MFs. Remember, mutual funds do not give assured returns. Only equity-linked savings plans are tax free. Don’t be shy to ask questions to the agent, including the commission. It is better to look foolish than be fooled.

 ?? ILLUSTRATI­ON:BINAY SINHA ??
ILLUSTRATI­ON:BINAY SINHA

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