CIRO issues advisor incorporation proposal

Andrea Rigobon, Director, Legal Services, breaks down CIRO’s advisor incorporation proposal and what it could mean for advisors. Learn the key details, where the proposal stands and what to watch for next.

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Hello and welcome everyone.

 

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Andrea, thank you for joining us here today.

 

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We're here today in studio because you have some very important updates on

 

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Ciro's latest advisor incorporation proposal.

 

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Why don't you take us through it?

 

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So exciting, thank you Jordan.

 

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Okay, so Ciro has issued a proposal, right?

 

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And if our advisors remember, they previously came out with

 

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sort of a discussion paper with three models being proposed for advisor

 

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corporation. Now they've come forward with one proposed model,

 

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which essentially would allow an advisor to operate through their

 

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corporation, earn their compensation through their personal corporation

 

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instead of earning compensation as, let's say, currently an

 

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employee or an agent, right?

 

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And the whole goal of this is to provide flexibility in compensation models

 

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for advisors so they can be compensated like other professionals, lawyers and

 

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doctors, and really achieve harmony across the industry because there's

 

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this longstanding issue where only mutual fund-dealing reps

 

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in certain provinces like Ontario could direct commissions

 

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to corporations, which is different than the model that they are currently

 

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proposing.

 

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Okay, so in your opinion, this is good news for advisors.

 

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This is positive.

 

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Absolutely. Very positive.

 

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To get into a little bit more detail about it, they're calling it the

 

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incorporated approved person.

 

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So advisor goes out there, they incorporate a corporation, right?

 

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And then they would have to be approved by CERO in a new

 

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category, a non-individual approved person.

 

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So this is a new Category created by Cero.

 

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They'd enter into an agreement with their dealer.

 

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The dealer has to support this model, but if the dealer doesn't support it,

 

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then they'll be at a competitive disadvantage.

 

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The agreement is with their deal and the corporation.

 

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So advisor, dealer, and corporation.

 

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Ciro has proposed that the advisor would be the only voting

 

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shareholder of this corporation.

 

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However, their family members could be non-voting shareholders of the

 

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corporation And so they're really trying to

 

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create a model that's going to be blessed by the tax regulators and

 

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then ultimately hopefully also blessed by security regulators as well.

 

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So Andrea, are the tax regulators onside?

 

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Fantastic question. So Ciro, very smart, filed an application with

 

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the CRA and the CRA came back and Ciro says they're pretty neutral about it.

 

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They in fact were pointing them towards cases online to inform

 

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how they construct this proposal.

 

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I think we'll see something like a professional corporation that exists today

 

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with lawyers and doctors, and that's how this model will work ultimately.

 

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Okay, and what is happening with the current model?

 

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Tell us about that.

 

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Yeah, so the Directed Commissions model, CRO has proposed for that to be phased

 

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out when the rules come into force.

 

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I think the transition period they proposed was 12 to 18 months.

 

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The Directed Commission model is used by certain advisors and it's still

 

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subject to tax scrutiny and not all revenue can be directed.

 

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And so they're coming out with a much more robust model that hopefully

 

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passes the muster of all regulators.

 

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Directed commissions model certainly does not do that.

 

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Okay, and the most important question, when is this all coming into place?

 

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That's the hitch. So in order for this to come into force, the CSA,

 

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the Canadian Securities Administrators, which is comprised of all the

 

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Provincial Securities Commissions, need to pass legislative amendments.

 

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And that will take quite a while.

 

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The legislative process, you know, is not something that happens overnight.

 

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And so after the consultation period ends in November,

 

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the hope there is that they can get some sort of consensus from all the

 

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provincial securities commissions so that the C.S.A.

 

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Can get on board and pass legislative amendments.

 

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Okay Andrea, well thank you for being here today and sharing your perspectives

 

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with all of us. Thank you.

 

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And for more regulatory updates and to access our CE credit portal, visit

 

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Fidelity.ca. Thank you for watching and see you next time.

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