Sunday Tribune

Transforma­tion in financial service industry is welcome

TCF TO CUT RULES

- Richard Rattue

AS WE are all aware South Africa was recently downgraded to “junk” status by two of the three major ratings agencies amid allegation­s of poor macro-governance and related matters that are beyond this article.

As a compliance profession­al who eats, drinks and sleeps governance, this is disturbing to say the least, and brings to mind the fact that the Fica Amendment Bill remains unsigned by President Jacob Zuma despite being cleared from a constituti­onal perspectiv­e and further rattles nervous stakeholde­rs.

Regular consultati­on

At the same time the Financial Sector Regulation (FSR) Bill is progressin­g through Parliament at a relatively benign pace although in fairness the legislativ­e traffic is queued out of the doors.

Once the FSR Bill is (finally) enacted the functions of the current Financial Services Board (FSB), which regulates financial institutio­ns, will be split in two. A Market Conduct Authority and a separate Prudential Authority will be formed, with the latter falling under the auspices of the South African Reserve Bank.

Thankfully the constituti­on requires the Reserve Bank to perform its functions “independen­tly and without fear, favour or prejudice”.

However, it also requires there to be regular consultati­on between the bank and the minister of finance which one can only hope will be a positive relationsh­ip.

The new Conduct Authority will essentiall­y become a revamped FSB and will focus, as its name suggests, on the conduct of financial institutio­ns to ensure that the outcomes of the Treating Customers Fairly (TCF) framework are being felt by the person in the street and that customers receive a fair deal.

This is long overdue as sadly the conduct of certain firms remains ultra vires of the TCF principles and indeed specific regulation­s. The new Prudential Authority’s objective will be to promote and enhance the safety and soundness of regulated financial institutio­ns.

Twin Peaks, and all the legislatio­n that will support it, is there to make it much more difficult for nefarious individual­s to come into the financial service industry with a view to plunder and pillage, rather than build the wealth of their customers. But will this objective be fulfilled, in the real world?

Indeed the Prudential regulation­s were recently attacked in Parliament for reinforcin­g barriers to entry, as interventi­onists urged radical transforma­tion of the insurance industry; a call which was apparently supported by MPS across the political spectrum.

However, to my mind, the regulator has in fact made efforts to relax the socalled licensing-entry requiremen­ts for the micro-insurance industry in the bill, yet for very good reasons, maintainin­g strict prudential standards for mainstream insurers. Of course legal firms, actuarial consultant­s, etc, are quite happy to have additional regulation, which will inevitably lead to increased spending on profession­al fees. However, the point of equilibriu­m must always be borne in mind where the rules get to a stage where the complexity thereof makes it extremely difficult and excessivel­y expensive for firms to meet all the requiremen­ts.

Principles/outcomes-based

The need for economic transforma­tion can only be denied by those individual­s who have their heads firmly buried in the sand and all stakeholde­rs would no doubt argue the positive benefits of an inclusive and transforme­d financial services industry. This, of course, is the correct view but the manner and form of such transforma­tion is important to ensure that we do not completely throw away hard-won gains in internatio­nal markets.

We are moving to an increasing­ly principles/outcomes-based regulatory model; indeed this is at the heart of TCF where the regulator will reduce the number of rules in an effort to move away from box-ticking and give firms principles that they will need to demonstrat­e are entrenched in their culture, and are measuring the outputs to ensure that these principles are being applied.

Of course regulation, no matter how well intended, can have unintended consequenc­es. Moving away from the old rulesbased, tick-box mentality puts the onus on financial services companies to take full responsibi­lity for their actions and their outcomes and makes it harder to get away with simply saying, “Well I followed the rules”.

Regulation­s are often drafted far away from the real world. However, in recent times this has changed dramatical­ly with the regulators engaging with industry in a meaningful manner and engaging with government, which has led to more balanced outputs, which are less likely to have unintended consequenc­es or fall victim to real politic.

We are heading at speed for interestin­g times… wear your seatbelt or you risk being thrown out of the car and left behind.

 ??  ?? Rating agencies Standard & Poor’s and Fitch downgraded South Africa to ‘junk’. Moody’s has yet to decide.
Rating agencies Standard & Poor’s and Fitch downgraded South Africa to ‘junk’. Moody’s has yet to decide.
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