The South African approach to market conduct supervision - Treating Customers Fairly (TCF)

Transcription

1 Financial Services Board The South African approach to market conduct supervision - (TCF) Presentation for World Bank Symposium: October 2012 Jonathan Dixon Deputy Executive Officer: Insurance Financial Services Board 1

2 The 6 TCF outcomes 1. Customers can be confident they are dealing with firms where TCF is central to the corporate culture 2. Products & services marketed and sold in the retail market are designed to meet the needs of identified customer groups and are targeted accordingly 3. Customers are provided with clear information and kept appropriately informed before, during and after point of sale 4. Where advice is given, it is suitable and takes account of customer circumstances 5. Products perform as firms have led customers to expect, and service is of an acceptable standard and as they have been led to expect 6. Customers do not face unreasonable post-sale barriers imposed by firms to change product, switch providers, submit a claim or make a complaint These outcomes are to be demonstrably delivered throughout the product life cycle, from product design and promotion, through advice and servicing, to complaints and claims handling and throughout the product value chain. 2

3 TCF structural model Pillar 1: TCF Framework Pillar 2: Implementing TCF Pillar 3: Incentives & deterrence Firms Regulatory framework Culture & governance Disclosure & reporting FSB Supervisory framework Proactive supervision Enforcement mechanisms Support Ultimate fairness through ombud schemes Regulatory co-ordination & information sharing Consumer education & awareness 3

4 Pillar 1: The TCF framework Firms will conduct business within a TCF regulatory framework, which will aim for Consistency Completeness International best practice Combination of principles and rules (outcome based) The FSB will develop a TCF supervisory framework, which will aim for A risk-based, proportionate approach Assessment of macro & micro conduct risks A range of supervisory tools (off-site, on-site, outcome testing, e.g. mystery shopping) 4

5 Pillar 2: Implementing TCF A new culture & governance approach by regulated firms, entailing Embedding a TCF culture framework Measurement and management information (MI) Self-assessment An enhanced supervisory approach by the FSB Pro-active and pre-emptive supervision Judgment based supervision implications for supervisory skills/resources 5

6 e TCF culture framework Leadership Board, senior and middle management to take ownership, provide direction and monitor delivery Strategy TCF built into management plans not just in vision & value statements or glossed over as a standing item Decision-making All decisions impacting on customers must be subject to TCF challenge Governance and Controls TCF to be embedded in governance structures. Management information to be identified, collected, evaluated and acted on to monitor success of TCF outcomes Performance and management Appropriate recruitment, training and evaluation against TCF competence and expectations Reward Incentive schemes to take cognisance of fair customer outcomes 6

7 Pillar 3: Incentives & deterrence Firms: Public reporting of identified TCF performance measures a reputational incentive and deterrent FSB: Pre-emptive intervention for industry and firm-specific conduct risks Formal regulatory enforcement action Name and shame 7

8 TCF Roadmap steps TCF Self-assessment Tool has been issued for industry use to be regarded as regulatory guidance A TCF benchmarking / baseline exercise will be undertaken, using the self-assessment tool and findings published broader sample than pilot TCF outcome indicators for both regulatory and public reporting to be developed Work continuing on TCF regulatory framework recommendations Targeted full implementation date 2014/2015 subject to alignment with evolving Twin Peaks timelines 8