2013-02-19 11:54:48 -
International financial services organisation AES International has written to
industry trade associations and several other international firms calling for
the implementation of a 'broker protocol'.
Pioneered by firms such as Merrill Lynch, similar protocols have had some
success in America, aimed at helping client privacy and the freedom of choice
clients have in selecting their financial adviser during a move between firms.
AES Chief Operations Officer John Viney explains that the exigencies of the
international marketplace make it very hard for organisations to enforce
restrictive covenants and employment restrictions. As a consequence, AES is a
strong advocate of
adopting the American approach of voluntarily adhering and
implementing a more realistic protocol aimed at protecting the interests of
clients, advisers and companies alike. He stated, 'international advisers are
commonly self-employed and have often invested a great deal of time and effort
establishing trusted, two-way client relationships - it is only natural that
clients may wish to follow their trusted adviser if he chooses to move between
organisations'.
Currently, when a financial adviser leaves a financial services firm, both the
adviser and the new firm are liable to the original firm. However, upon signing
the proposed broker protocol, firms agree to permit the transfer of client
information once a client has signed data release forms, in recognition of the
time and effort the adviser has invested. The protocol effectively waives any
liability that the adviser or new firm may have had to the old firm. There will
be specific rules covering what pieces of client information advisers are
permitted to take, and full compliance procedures to ensure that no party is
unjustly affected.
AES International General Counsel James McLeod commented, 'new model firms such
as AES see no reason why those clients who wish to follow their trusted
financial adviser between firms should be prevented from this and our own
proposition enables our advisers to build highly valuable, portable, business
practices. Client wishes should always come first and firms need to deal with
the inevitable risks and issues that arise from adviser movements in an adult
and professional matter.'
When leaving a company, an adviser will submit a list of their clients under the
assurance that the information is only relating to clients that they are
responsible for and they have acted in good faith in compiling the list. This is
designed to bring increased transparency and fairness to the international
marketplace, and stop advisers that have continuing client relationships being
penalised when they move firms.
Chief Executive Officer, Sam Instone commented, 'it is inevitable that advisers
will gravitate to those organisations who offer the strongest all-round value
proposition but in doing so, the firms they leave need to be protected from
indemnity liabilities and other contractual breaches. Self-styled
"international trade organisations" should in my view focus on addressing these
type of serious issues to benefit their membership rather than becoming semi-
legitimate quasi-distribution networks.'
For more information, or to find out about the services AES International
provide, visit their website at
aesinternational.com
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Source: AES International via Thomson Reuters ONE
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