Compliance Monitor
De-polarised
Confirmation that the polarisation regime is to be abolished came in Howard Davies’ speech at the annual dinner of the Association
of Independent Financial Advisers (AIFA) last month. The FSA chairman said that the regulator had changed its mind about the
use of defined payments as a criterion for IFA independence and accepted the “menu option” developed by AIFA under which firms
will be able to call themselves independent if they advise on the basis of all suitable products in the market and provide
customers with the opportunity to pay by fee. Consumers will be furnished with an initial disclosure document to explain the
different options. The “better than best” rule under which an independent intermediary firm may not recommend a product if
the provider owns more than 10% of its equity is also to be removed. Appointed representatives will still need to have a single
principal for investment business but this will not apply to those who merely ‘introduce’ customers. Consultation on the draft
rules to effect these changes will take place in January.