Compliantly reviewing with-profits funds – is it rocket science? With the right support there are many opportunities for quality advice to help clients find a successful outcome. We spoke to Ned Cazalet, a member of the FSA’s standing panel on with-profits, to offer some practical guidance on conducting with-profits reviews regularly, thoroughly and compliantly.
NC: If we look at the historic path of with-profits, going back to the period 1999 to 2001, with-profits experienced something of a revival. The with-profits bond was selling in huge volumes; sales that were only £2 billion a year in 1995 rocketed to £15 billion a year by 2001. Many of these life offices were very heavily exposed to equities. They believed the markets weren’t going to fall – or if so by not very much. In addition, large amounts of their solvency capital was also invested in equities.
When stock markets fell in the period 2001-2003 the policyholder assets and solvency capital of these life offices were in many cases heavily impacted. The weaker the life companies became, the less able they were to hold equities, resulting in the life companies being large sellers of equities in this period and driving the markets down further. The net result for life offices is that the £280 billion or so worth of equities they were holding in 2001 was reduced within three years to around £140 billion, the outcome being that some policyholders who thought they had bought into high equity exposure found the equity proportion had dropped dramatically.
It is the changing nature of with-profits funds which means they have to be regularly reviewed to ensure they continue to meet policyholders’ expectations.
NC: The FSA produced a document in 2007 entitled ‘Quality of post-sale communications in the life sector and availability of ongoing advice to with-profits policyholders’. On one hand the publication targeted providers to improve the quality of information provided to advisers, but it also outlined for advisers why with-profits must be reviewed thoroughly and compliantly – and on a regular basis.
The process of this is not straightforward. For instance, a with-profits fund offering no bonuses is not in itself a reason for exiting. While there might be no bonuses, there might be some valuable guarantees at a specific date. Similarly, the fund being closed is not a reason to exit. Clearly, policyholders should exit some closed funds immediately, but again some might have valuable guarantees – and it might be that the client should eventually exit, but not immediately. It’s important that regular reviews are conducted carefully – on a client-by-client and product-by-product basis.
NC: Much will depend on the way the value of the with-profits contract is assessed – for instance whether there are any guarantees left. Many contracts have what they call ‘spot guarantees’, which offer a ‘once in a lifetime’ opportunity to exit without a penalty within a limited time period. So advisers need to look for any sources of value that remain and make an informed judgement.
NC: Reviewing with-profits on a really detailed and consistent basis is extremely difficult. People often use the phrase ‘it’s not rocket science’ – well with-profits in financial services is actually about as close as you can get to rocket science! When you combine this with the fact that recent financial turmoil means even well managed with-profits funds have been hit by extreme events, it is no surprise the financial adviser needs help and support.
The FSA wants advisers to give quality advice on with-profits, but with-profits is so complicated that, without a degree of help, advisers are always going to find this a difficult task.
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The Skandia With-Profits Analyser uses data provided by Cazalet Consulting and is available via Skandia Investment Solutions.
This article is based on Skandia’s interpretation of the law and HM Revenue & Customs Practice as at November 2009. We believe this interpretation is correct, but cannot guarantee it.
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