June 2015  
Dear stakeholder    
     
   

In the second week of June, Morningstar released the 2015 Global Fund Investor Experience Report. The Report evaluates 25 countries out of the 27 where Morningstar has operations, using four categories that are weighted to calculate the overall grade. South Africa was assigned a C rating.

Unfortunately, the 2015 Report contained the same fundamental inaccuracies as in 2013 and 2011.  Since these inaccuracies were pointed out to Morningstar in previous years, we took a decision to make our concerns public. This became particularly important as the Report was receiving media attention.

In a media release issued on Wednesday, 17 June, we therefore pointed out the following material misconceptions that Morningstar has about the South African Collective Investment Schemes (CIS) industry.

In the Overall Country Scores section of the Morningstar Report under Regulation and Taxation it is stated that: “In Morningstar’s view, the best regulatory practice is to have a single regulator that is independent of the fund industry. The regulator is responsible for overseeing the management, disclosure, operations, and distributions of all types of investment funds. As an independent entity, the regulator does not face the conflicts of a self-regulatory body, which must balance the desires of the industry with the need to protect investors.”

In the Country Detail section of the Report under the Regulation and Taxation heading, Morningstar then states that: “The Association for Savings and Investment South Africa (ASISA) is a self-regulatory body that works with the fund industry.”

This is a fundamentally flawed statement, as the industry is regulated by the Collective Investment Schemes Control Act (CISCA) which is enforced by the Financial Services Board (FSB). ASISA is a trade association and not a self-regulatory body.

Furthermore, under the heading Sales and Media in the Report’s executive summary it is stated that: “Large financial institutions account for more than half of fund sales, which translates to a greater number of advisors selling in-house products rather than presenting their clients with all possible choices.”

This is simply not true. The bulk of the CIS flows are attracted by CIS management companies that have no tied agents. The 12 biggest CIS management companies manage 82% of assets, excluding money market funds. Seven of these companies do not have tied agents, yet they manage 65% of this 82% share of CIS assets.

In a response to us, Morningstar South Africa stated that our concerns are immaterial to the rating awarded to South Africa. We will continue to engage with Morningstar to resolve these disagreements.

 

IN THIS ISSUE

 

Hedge Fund Registrations

Living Annuity Drawdown Levels

ASISA Standard on Unclaimed Assets

Taxation Laws Amendment Bill

Financial Markets Act Ministerial Regulations for OTC Derivatives

ASISA Enterprise Development (ED) Fund

Academy Update

In conclusion



 
 
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Hedge Fund Registrations

   

The FSB issued a media release in the last week of June advising South African hedge funds that they are at risk of regulatory and enforcement action if they do not apply for registration as collective investment schemes by 30 September 2015.

This media release was unexpected since hedge fund managers are in the process of working through a complex set of requirements, which they will have to comply with before they can apply for registration.

This was pointed out to the FSB and it was agreed that ASISA’s Hedge Funds Standing Committee would faciliate a meeting between the FSB and representatives of the hedge fund industry to address concerns from both sides.

 


Living Annuity Drawdown Levels

   

We released the results of the 2014 Living Annuities Survey at the beginning of June. The survey shows that living annuity policyholders withdrew on average 6.59% of their capital as income in 2014, which represents a marginal decrease from the 6.63% drawdown level in 2013.

When ASISA started collecting consolidated statistics on South Africa’s living annuity book in 2011 the average drawdown level was 6.99%. In 2012 it dropped to 6.77%.

 


ASISA Standard on Unclaimed Assets

   

On Friday, 29 May 2015, the ASISA Board ratified the ASISA Standard on Unclaimed Assets, making it applicable to members that are asset managers, collective investment scheme management companies, linked investment service providers (Lisps) and multi-managers from 1 January 2016.

The ASISA Standard on Unclaimed Assets was introduced in 2013 and currently only applies to the long-term insurance industry. The Standard exempts unclaimed assets from the Prescription Act, which provides for a three-year period within which a debt must be collected. It also sets requirements for members on the treatment of unclaimed assets and is intended to assist ASISA members in achieving the outcomes of Treating Customers Fairly (TCF).

 


Taxation Laws Amendment Bill

   

National Treasury is expected to publish the full text of the 2015 draft Taxation Laws Amendment Bill for public comment in the first half of next month. The initial first batch of the 2015 draft Taxation Laws Amendment Bill was released for comment at the beginning of June. The deadline for comment was 26 June 2015.

 


Financial Markets Act Ministerial Regulations for OTC Derivatives

   

National Treasury published for consultation a second draft of the Financial Markets Act (No.19 of 2012) Ministerial Regulations for over-the-counter (OTC) derivative markets on 5 June 2015. The regulations must be read with the Policy discussion paper and also the accompanying  Board Notices published by the FSB. The deadline for submission of comments is 6 July 2015.

 


ASISA Enterprise Development (ED) Fund

   

The Fund is proud to announce that significant outcomes have been achieved to date through the Broker Development Programme developed for the Insurance Sector Education and Training Authority (INSETA). Through this programme, the Fund is supporting the growth and development of SME brokerages to expand the pool and quality of skills within the country’s insurance sector.

The initiative has already proven successful with Marara Risk Solutions, a black-owned insurance broker, having recently been named the sole broker for a construction firm holding R10 billion in assets. The contract was won on the strength of the Service Level Agreement developed for the broker through the programme, shifting the value proposition away from a product based positioning to a service and value based proposition.

 


Academy Update

   

Spaces are still available in the UCT Life Insurance Claims Assessors’ Short Course, which commences in July in Cape Town. The Academy is tremendously excited to be running this course in Cape Town after its outstanding reception in Johannesburg last year.

The 2015 UCT Life Insurance Underwriters’ Short Course is now into its second month in Johannesburg with excellent reviews from the delegates so far.

In the second half of the year the Academy will launch a new programme for investment analysts in Cape Town and Johannesburg. For more information on the Discounted Cash Flow and Decision Modelling (DCF & DM) Course please click here.

 


In conclusion

   

We have completed the first half of 2015, and from ASISA’s point of view we have done so successfully. Much has been achieved and we look forward to a productive second half of the year, which will also usher in a new era for ASISA when a new Chair is appointed early in August.

This follows the announcement that Johan van Zyl will be stepping down as CEO of Sanlam at the end of June. Johan was therefore also required to tender his resignation as Director and as Chairman of the ASISA Board effective from 30 June 2015. Johan has chaired the ASISA Board since its inception.

On behalf of ASISA, we would like to thank Johan for his strategic vision that was instrumental in the establishment of the association, and his leadership that has guided ASISA for the past six-and-a-half years. ASISA’s deputy Chairman, Rob Dower, has taken on the role of acting Chair until Friday, August 7, when the next Chair will be elected.

Kind regards

 

   
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