
Published in The Hindu - Sunday Magazine on Jun 28, 2009
Financial services companies have mandatory “Know your customer (KYC)” guideline; It’s time investors have a “Know your Financial Advisor (KYFA)” guideline.
Last weekend a doctor couple met me for advice on planning their finance and investments. After hearing about the mess that they were in, I could not resist but ask why they had not sought professional financial advice earlier. The reply threw me back – apparently every single investment decision was made only under the guidance of their financial advisor – who surprisingly never charges a penny. What? Who is this “brilliant” Good Samaritan? – was my retort (forgive my callous sarcasm). It turns out their “advisor” was an “agent” – meaning his primary source of income is the commission that he makes from the investment products he sells. So what? You may ask. Well…I am sure there are well meaning agents out there but the issue is – “independence”.
The fundamental conflict of interest
To help my clients understand this better I posed them with an analogical question- would you go to a doctor who works pro-bono but gets paid only from the medicines that he gives you? “Of course not” was their reply. “Why?” I asked. “Because then the doctor would not only be tempted to prescribe more medicines than required but also resort to prescribing the more expensive ones”. Fine, what if the doctor gets a percentage cut from the pharma company, on the medicines he prescribes? I probed further. “Hmm…” they said – “The pharma companies would love to implement this, because doctors would turn into direct selling agents and they can do away with medical reps.”.
Unfortunately something that is so obviously a conflict of interest in the medical context is most easily overlooked when it comes to the financial services industry. Infact I think I can safely (and sadly) state that conflict of interest has become industry practice in financial services. We don’t seem to hesitate even once before taking “advice” from agents, who get commissions from the very companies whose products you choose! Be it your stockbroker, real-estate broker or the insurance advisor – all of them are agents who earn commissions based on what product you invest in, how much you invest, how often you buy and in the case of stockbrokers - also based on how often you sell. Why, even the investment banker who advices on Mergers & Acqusitions is an agent who gets paid a “success fee” that is proportional to the size of the transaction – only if the client is successful in buying or selling. It's in their interest to do whatever it takes for the deal to go through, because that’s when they get paid big bucks; the bigger the acquisition the better. Strangely despite this incentive problem even large companies look to investment bankers for “advice” on M&A. Do you think they are going to say no to billion dollar acquisitions like Tata-Corus or Hindalco-Novelis simply because the transactions are inherently risky and involve taking on a lot of debt that may put the entire company at risk of collapse? It's hard to say but I don't think they would! In fact they are likely to convince the company to go ahead with the acquisition so that they can earn their big fee. Because their incentive doesn’t encourage them to be concerned. The same predicament exists for your agent, when he plays the role of a financial advisor.
The fundamental conflict of interest
To help my clients understand this better I posed them with an analogical question- would you go to a doctor who works pro-bono but gets paid only from the medicines that he gives you? “Of course not” was their reply. “Why?” I asked. “Because then the doctor would not only be tempted to prescribe more medicines than required but also resort to prescribing the more expensive ones”. Fine, what if the doctor gets a percentage cut from the pharma company, on the medicines he prescribes? I probed further. “Hmm…” they said – “The pharma companies would love to implement this, because doctors would turn into direct selling agents and they can do away with medical reps.”.
Unfortunately something that is so obviously a conflict of interest in the medical context is most easily overlooked when it comes to the financial services industry. Infact I think I can safely (and sadly) state that conflict of interest has become industry practice in financial services. We don’t seem to hesitate even once before taking “advice” from agents, who get commissions from the very companies whose products you choose! Be it your stockbroker, real-estate broker or the insurance advisor – all of them are agents who earn commissions based on what product you invest in, how much you invest, how often you buy and in the case of stockbrokers - also based on how often you sell. Why, even the investment banker who advices on Mergers & Acqusitions is an agent who gets paid a “success fee” that is proportional to the size of the transaction – only if the client is successful in buying or selling. It's in their interest to do whatever it takes for the deal to go through, because that’s when they get paid big bucks; the bigger the acquisition the better. Strangely despite this incentive problem even large companies look to investment bankers for “advice” on M&A. Do you think they are going to say no to billion dollar acquisitions like Tata-Corus or Hindalco-Novelis simply because the transactions are inherently risky and involve taking on a lot of debt that may put the entire company at risk of collapse? It's hard to say but I don't think they would! In fact they are likely to convince the company to go ahead with the acquisition so that they can earn their big fee. Because their incentive doesn’t encourage them to be concerned. The same predicament exists for your agent, when he plays the role of a financial advisor.
Stocks
You may be ogling over how often your stockbroker (online or offline) provides you with free “research” based advice (“recommendations” or “calls” in industry parlance) - some broking firms even tout the frequency and the quantity of such recommendations as their USP. But not many people realize that the monthly, weekly, hourly, (minute by minute?) buy/sell recommendation is aimed to fulfill the broker’s requirement of generating commission income, which incidentally is earned only when you execute a trade (buy/sell). Remember investment “recommendations” from a stock broking firm is not some kind of “value added” service or advice; it’s merely a marketing tool to induce you to trade.
Mutual funds and other investment products
The new proposal by SEBI - mandating mutual funds to remove entry loads, which is used by the funds to pay the distributing agents, is a step in the right direction. If the revised proposal is implemented, investors need to directly pay a mutually agreed commission to their agent - which is a good thing because at least it makes the process more transparent. But still a couple of larger issues remain un-addressed. First is the case of ULIPs, which despite becoming an extremely popular investment class of-late, have very little regulation in terms of fee structure to agents (may be that’s why they are popular in the first place!). Second, there are no signs of finding a solution to the more fundamental problem of agents turning into financial advisors and hard selling investments, purely for their own benefit (“incentive”).
Way forward
My opinion - as long as financial advisors are agents who earn their fee only when an investment product is sold, their incentives increase the risk of mis-selling by supplanting investors’ need. The only way to protect yourself from this is to know exactly “how” and “how much” your financial advisor will get paid (what’s in it for them?) - before you make your investment decision.

12 comments:
Great one Shyam
Other issue with Personal finance system in India is people do not understand if they really need a Financial Planner (i am talking about CFP here) . Most of the people get some knowledge from internet and magazines and think they can do all financial plannning themselves . Recently I came up with an article on "Why do you need a Financial Planner" on my blog . May be it can be shared with readers as its related to this post . link is : http://www.jagoinvestor.com/2009/06/why-do-you-need-financial-planner.html
Another thing i wanted to ask was, accoring to IRDA rules , mutual funds agents have to disclose the commissions they get from mutual funds , I was under the impression that same rule applies with ULIP's agents .
Can you clear things here ?
Manish
http://www.jagoinvestor.com
Also the analogy of patient going to doctor and agents is excellent , deserves a tweet and backlink from my blog .. keep it up :)
Manish
Hi Shyam, your post makes a perfect sense about who actually benefits from the transaction. I had my self sold couple of ULIPs during an internship, where my manager used to brainwash us to sell the plan that gives a more cut and used to advice on the ways to sell it. I was given title as "Financial Advisor" and I myself had not planned my finance then. ULIPs as you said need more regulations.
I have one doubt that how truthful the buy/sell advices given by News Channels and Web sites. I am sure they would not be getting any benefit if I buy/sell a particular stock (after watching CNBC/seeing ICICI market research). so precisely I see no bad intentions in those advices unless they can trigger a mass buy/sell based on their advice and get profited by that.
Financial Services Authority (FSA), UK has now proposed a ban on commission payment to financial advisors. Here is the link to the news item:
http://www.independent.co.uk/news/business/news/fsa-seeks-ban-on-commission-for-financial-advisers-1719959.html
sir
hi again from delhi......
could you plz suggest me that in delhi where i get A RIGHT FINANCIAL ADVISOR regarding investments in shares/funds for lonterm as well as short term????
i will be very greatful to u?????
I read your article in hindu with interest.
I used to think that this trend has been there from the 70's & 80's itself. However with the HNI increasing the so called Financial consultants have also mushroomed & keep recommending investments which is to their advantage. It must be an eyeopener to the all investors esp. the youth to carefully excercise discretion in advised investments.
Another area I feel worth analysis is the returns on 'investments' in Life Insurance. The youth are misled by 'insurance advisors' /'agents' to insure huge sums of money which after 20-25 years yeild as little as 6%!
Ravi sankara prasad
Dear Mr. Shyam,
While your example of doctors does drive home the point for having independent financial advisors, I am afraid your are off target on doctors being independent in their recommendations.
Unfortunately, most doctors are being compensated for the products / services they recommend. While healthcare companies have code of conduct policies for their dealings with doctors, these remain as mere pieces of paper and companies / their channel partners actively woo doctors with incentives.
While these comments have no relevance to your column I could not help expressing myself on these unfortunate facts.
I continue to be an avid reader of your column and look forward to the next edition
Hello Shyam
i read papers not regularly but the one which i got to read this time was very informative with respect to making safe financial investments.
Manish - thanks for the link on your site. very clear write up about CFP. regards to IRDA rules... my opinion - they need to get better on ULIPs . and of course no rule is enough if they are not adopted in "spirit"
Vardhan - nothing like first hand experience! CNBC - frankly...i dont even want to think abt what their incentives could be:) whatever it is their adrenaline pumping race track-like commentary definetly seems to be gaining viewership... anyways i dont think the channel per se offers advice...they only provide a forum for other quote experts unquote.
K.R.Srivarahan - Excellent article...thanks for posting the link. I think the whole world needs such a reform.
Anonymous - sorry don't have a referral for Delhi
Ravi Sankara Prasad - good point on low investment returns on insurance products...this is so common but very few comprehend. A simple index stock like oNGC would have offered twice the returns p.a. over a 10 yr period + divindends on top of that
Anonymous - good one abt doctors not being free from the influence of incentives themselves. that's really sad.
Yamini - thanks
On the removal of MF entry fee: We cannot overlook the fundamentals of this ruling or cost structure that is prevalent.
Certainly, the removal of entry load of 2.25% will help bring down the perceived upfront commission down. There is surely an advantage and benefits to the consumers.
One needs to look at the full cycle (not the upfront entry fee removal alone). And from that perspective, I do not see a huge change that is being made out of it. It is an improvement, but not the significant one.
Regarding 1% exit load: The primary purpose of exit loads is to discourage investors to remove money from funds in short term. So far, majority of the funds had this only for 1 year of less. But now SEBI has knowingly allowed the MFs to levy upto 1% exit load (irrespective of time frame). This is kind of giving free hand of MF to go ahead and do it. The SEBI guideline also instructors agents/distributors to disclose commission they receive from funds (i.e. mutual funds can still pay commission to agents/distributors). Will this come from mutual funds own pocket? How can one stop mutual funds from increasing their operating expenses and charge it under some different heading? I posted my thoughts at http://www.tipblog.in/opinion/no-entry-free-for-indian-mutual-funds-really/
Only time will tell how it evolves.
Great perspective on conflict of interest. I couldn’t agree more with you.
it is just sperb
unlocking the forgotten truth
" bap bada na bhaiya the whole thing is that ki sabse bada rupiya'
All IFA will leave this profession & mutual fund will be a property of corporate very soon & later general public will also rapidly forget about mutual fund.Just like no seller no buyer.Big big distribution houses have no accessibility in tier-2,3,4 town.But they(towns)are the real treasure.What a joke!!! every body thinking this is America. And a pavement dwellers also knows what is mutual fund.So we don't need a middleman.We don't need a Maruti dealer.From tomorrow we shall buy our Maruti cars directly from Maruti Company.
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