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  • Business Development SEBI RIA or Distributor?

    SEBI RIA or Distributor?

    In a recently held Society of Financial Planners (SOFP) event, Suresh Sadagopan, Founder of Ladder7 Advisories stressed on the importance of becoming an RIA (Registered Investment Advisor).
    Banali Banerjee May 5, 2016

    A lot has been discussed about the pros and cons of registering with SEBI as an RIA. Many distributors are hesitant due to various factors like:

    • Most distributors depend on commissions received from AMCs and believe that fee-based model won’t be able to cover their costs.
    • The fee for body corporate and company is too high. SEBI raised the registration fee from Rs.1 lakh to Rs.5 lakh in 2015.
    • The information required to register as a RIA is very detailed and comprehensive.
    • Compliance cost is high and the regulations are somewhat ambiguous.

    Sharing his experience of being a SEBI registered RIA, Suresh Sadagopan, Founder of Ladder7 Advisories provided insights on what it takes run a RIA practice and the precautions IFAs should take at a recent event held by Society of Financial Planners (SOFP), a Mumbai based financial planners association. Jayant Vidwans, Director at Chaitanya Financial Consultants and Paresh Sukhtankar of Reliable Investments were a part of the panel along with Suresh.

    Licence to advisory practice

    Suresh said that with the regulator’s focus on bring down TER, commissions may eventually go down requiring distributors to rethink their business model. “Registering with SEBI gives the advisor a license to practice advisory business. Currently, you are dependent on fund houses to earn your commission but once you start charging fee you are on your own,” says Suresh.

    Inform investors about direct plan

    Some IFAs perceive online platforms and direct plans to be a threat to their business. To tackle this, Suresh advises IFAs to explain direct plans to clients and how you add value before they discover direct plans from other sources. “Digital disruption has affected many businesses and is now here to change the face of advisory profession. Lately, many online platforms have started robo-advisory practice to woo tech savvy investors. Also, there are some platforms which completely focus on direct plans. As a result, consumers are now moving online,” observes Suresh.

    “The best way to retain clients is by informing them about direct plans. If your investor gets to know through someone else, the damage is already done,” he adds.

    Suresh is of the view that the advent of robo advisors and direct plans will not make traditional advisors redundant. “People will still value human advice. The value of an advisor will never go down despite the changes happening in the industry,” Suresh assured the audience.

    Fee and service

    Many distributors are refraining from becoming an RIA because they feel that charging fee is difficult. Reacting to this, Suresh said, “Initially, charging fee will always be difficult. Even I was a distributor and had to undergo a process of transformation. Be client centric and expand your services. You have to understand the client completely. Don’t be a salesperson. For example, if you are currently limited to only investment planning, start tax planning and other services. As clients see that you are going out of your way to help them they will themselves ask your fee.”

    Terminology

    Suresh cautioned advisors to avoid using terms like financial planning, financial advisor, advisory, comprehensive financial planning on their websites or other stationary if they are not SEBI RIA. “These terms are technically permitted only for SEBI RIAs as they have license from the regulator. Using terms like comprehensive financial planning will mean that you are advising on all investments. While SEBI has not penalized any distributor for using such terminology we should follow the regulation in spirit,” advises Suresh.

    Commissions from distribution arm

    Being a RIA does not mean that they are not allowed to have a distribution model. SEBI, in its RIA regulations, has provided a provision to banks, NBFCs and body corporates to offer execution services provided they maintain an arm’s length relationship between the activities as investment adviser and distribution or execution services. Thus, many distributors have registered with SEBI by forming a subsidiary for execution services. Many SEBI RIAs have a distribution arm for execution.

    Record keeping

    The regulations require RIAs to keep a record of every conversation. While this may not be easy to execute, Suresh says there are various ways to make this simpler. “In the detailed letter you provide to SEBI, you can mention that the mode of communication will be email. Any other medium to communicate will not be considered official. This declaration will make your practice much simpler.”

    He says that being an RIA requires a lot of paperwork and you need to maintain invoices and other bills.

    He advises IFAs to follow RIA model as this will not only help them grow their business but also help them become more customer oriented.

     

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    31 Comments
    BasuNivesh · 8 years ago `
    "arm’s length relationship between the activities as investment adviser and distribution or execution services" is the dangerous definition of this whole SEBI RIA regulation. This whole definition is made such SEBI RIAs most dangerous species than an insurance agent, mutual fund adviser or anyone who is purely into SELLING. God can only protect from those SEBI RIAs who are maintaining ARM's LENGTH between the advisory and distribution. Conflict of interest....mockery of SEBI RIA ruling.

    Jitendra P.S.Solanki · 8 years ago
    Basu,

    Do you provide financial planning services. Your website say so with following link-

    http://www.basunivesh.com/services

    Hemant Beniwal · 8 years ago
    Hi Basu,
    I really appreciate your contribution in personal finance space through your blog but your remark on RIA was uncalled for. You have to understand that this regulation & profession is at a nascent stage - definitely, there is ambiguity at this stage but the direction is clear.
    If SEBI has mentioned about separate entities or arm length, they must have thought about this before introducing RIA regulation. If a client is disclosed about everything & SEBI is fine with such arrangement, there should not be an issue. I know a couple of individual planners who clearly mentioned in their registration form - that there are distribution codes in the name of other family members or a separate pvt ltd company where they are one of the directors or major share holders, SEBI approved their applications. I think that means SEBI approves such arrangements - at least in the beginning. Every year SEBI do a Risk Based Supervision of RIA, where they ask "Whether the IA engages in Execution/Distribution? If yes, income from execution/distribution during FY"
    Now coming to the gist of you comment, I think you are trying to say that RIA should be Fee-Only financial planners. I think that will reduce conflict of interest substantially - that's the future but it will take some time. Even if I talk about the US, where a similar law is there from last couple of decades - there are about 12000 RIA firms & about 50000 registered representatives. If we talk about Fee-Only planners, numbers are very low - Fee only association life NAPFA has less than 2500 members, even if I assume only 25% FOs are their members still we will not reach 20% of the total representatives.
    RIA is more about Fiduciary than anything else - this is a big responsibility & that's the reason lot of advisors don't want to be registered.
    (Our Pvt Ltd Company is SEBI registered investment advisor)
    BasuNivesh · 8 years ago
    I am not saying that all RIAs are doing such things. But my point is FEE-ONLY planning is the solution. SEBI came with this regulation to promote this to avoid conflict of interest. However, few making a mockery of it. I pointed the loopholes and you and Mr.Sadagopan accepted that there are some loopholes in it. Thanks for your acceptance.
    PANKAJ KUMAR · 5 years ago
    Thanks Cafe mutual for sharing such insights. It is indeed very useful for a new distributor like me.

    During last one year in order to attain in depth knowledge I have gone through various blogs ( Including basumivesh ) .
    There seems a high disregard for Mutual Fund Distributor & LIC agent in the eyes of so called RIA.
    My point is -

    1) Not all Distributors & agents are so bad as they are painted ( sellers ? )
    Some are giving very genuine advice and services.

    2) Will these RIA provide services for a 500 / SIP for a lesser educated person???
    ( Service Range -
    Approaching them
    Educating about Financial Planning
    Form Filling and documentation
    Handhoding during Hard times
    With a personalized service)
    Reply
    Ajai Purwar · 8 years ago `
    SEBI SHOULD minimise or make it affordable fee for IFA so that we can shift our business from distribution to advisiory servicies and also do some support that trail which we are getting till now will not stop.
    Udbhav · 8 years ago
    If you refer FAQ issued by SEBI for RIA registration Q&A 28, you are eligible to get trail will continue
    Reply
    Alok Agrawal · 8 years ago `
    This RIA concept is applicable to 1% of the total market. For rest 99% of the people, brokerage through AMC is means for there livelihood. Lets not be too adventurous be practical. And brokerage disclosure to the investors will not help, rather they will make lots of mistakes via going direct.
    ASHOK KUMAR SAHEWAL · 8 years ago `
    I AGREE WITH MR. ALOK AGARWAL.
    Suresh Parthasarathy · 8 years ago `
    RIA or IFA is individual choice of doing business. Even in USA lot are still in distribution.

    Suresh Parthasarathy RIA.
    brijesh · 8 years ago
    I agree with Suresh that its purely am individuals choice both professions are going to co-exist and shall enatsil its own merits and de-merits... make wise choice
    Reply
    Puneet arora · 8 years ago `
    Most of the Banks have registered themselves as RIA and I being a banker know how they are making a mockery out of those rules.
    What kind of arms distance relationship when they are forcing clients to buy products in order to get good service for their day to day banking.
    Misseling and churning is rampant at these institutions.
    These are the institutions giving bad name to advisory business.
    SEBI needs to focus on these giant missellers.
    Satya · 8 years ago `
    It is very disturbing to see established players playing into the hands of SEBI by giving unsolicited advise. It is impractical to see clients coming forward to pay the fees especially those who invest smaller sum of amounts in mutual funds. It makes no sense for any distributor to leave the present set of business and move to advisory model which will kill his revenues. Hence i advise the so called angels not to promote the RIA concept
    Pawan Agrawal · 8 years ago `
    There are all kinds of disclosures coming for distributors to make the investors aware about their business, commissions etc. Is there any public disclosure for RIAs about how many retail and HNI clients are they servicing, what is the fee they are charging from these clients, how many are charging service tax on the fee, what information is available about RIAs to an investor to make him a Aware Investor to choose the right RIA for himself, How can an investor compare between different RIAs etc. If investor awareness is the reason behind all these disclosures, even the above questions regarding RIAs should be answered. If these answers are available and positive, the distributors shall themselves become RIAs. Till now all these discussions are theoretical without any numbers.
    Rajiv Lochan Pandey"Pankaj" · 8 years ago `
    If nexus of big AMCs and authorities of country have made their mind to eliminate distributors from the system and keep only direct model, we can do nothing more. But I have a suggestion for SEBI, that stop distributor model and direct model both and keep only RIA model for all of us. We will have no problem. In the present scenario, when their is direct model and distributor model is available, it is almost impossible to ask for fee to customers, specially in small cities.
    Suresh Sadagopan · 8 years ago `
    SEBI RIA regulation has generated lots of controversy in the past and is generating to this date. The attempt by SEBI, as I understand, is to create an advisory community like lawyers, doctors, architects etc. who will only offer advice & charge fees. Currently they have allowed some entities to offer advice & also do distribution services, if it is properly segregated & arms length relationship is maintained. This is probably not the best way to introduce this regulation & should not have allowed RIAs to do anything but advisory. But SEBI has been pragmatic and they have chosen the halfway street to assist people to get on board and evolve.

    However, this is to be seen as a breather given to the players to slowly evolve and ultimately shape up as advisors in the truest sense of the word. This regulation, in my opinion, is to be seen as an interim regulation, which will tighten further at some future point. SEBI has not said that you have to become RIA - one can choose to be a distributor. Distributors perform an important role in the entire firmament & it is fine to continue there. I have only discussed about the challenges that a distributor is facing and may continue to face due to various developments happening in the environment. It was my intention to share with the fraternity about the ways forward for this community.

    Change & evolution are inevitable. I'm neither supporting or opposing the change. But I'm certainly saying that we have to take cognisance of it and see how we can benefit from the same.

    Some comments seek to portray RIAs as worse than "Insurance agent/ Mutual fund adviser". This is an unfortunate comment. RIAs are much more regulated than MF advisors or Insurance Agent. RIAs have to comply with education requirements, certification requirements, do risk profiling, suitability assessment, keep records of investment advice provided along with the rationale for arriving it etc. All client records & compliance records also need to be kept for 5 years. Also, RIAs need to be audited every year. SEBI can inspect them if they choose to. If all these looks easy & RIAs look worse than "Insurance agent/ Mutual fund adviser", it probably one's perspective - not reality!
    Pawan Agrawal · 8 years ago
    Dear Suresh, We certainly respect what RIAs role is and would be in the financial world. The right set of RIAs shall certainly do a good job for the clients. And my personal belief is there shall be some who, despite high regulation, will not do such good job. If regulation was the matrix to judge intent and performance, banking system in our country would not have been in the shape it is. It all depends upon One's own intent and actions. Just like lousy businesses don't survive the test of time, even rogue distributors have gone, and shall go, out of business. My question to existing RIAs and media propagating RIA vs Distributor is: Have we studied numbers which tells us about 1. Numbers of clients serviced by each RIA, average fee charged, breakup of HNI and retails clients, is service tax levied by these RIAs, what disclosures are there for an investor to study and make up his mind about choosing an RIA. Only once this information is available in public domain, one can understand where this whole exercise is moving and what is the outcome. If RIA model is so rewarding and if one individual RIA can provenly serve thousands of clients, there is no reason why the current distributors will not convert themselves to RIAs. Why don't RIAs themselves disclose these numbers and create faith in distributor community? Why are RIAs propagating these theories behind the shield of regulations? Lastly, whether regulator or any person feels that RIA should be in the same league as a professional like doctor, lawyer etc., it is an error as these professionals fulfil the duties which a normal individual CANNOT do on his own as per the law. There are situations with legal implications demanding professional help which only these people can fulfil. But in investment case, anybody can invest anywhere. There is no mandatory requirement as per law. So when the law itself doesn't mandatorily require RIA for investment, how can he be compared with a professional. Also, are the newly formed RIAs trying to say that when they were distributors, they were working only in their own interest and not their clients'. It is just that they have become RIA and suddenly they have found wisdom(or regulator's stick) to work in favour of clients.
    Reply
    Rohit Shah · 8 years ago `
    Disappointed to see immature attitude towards RIAs. Looks like people making comments on RIA have do not even have a basic understanding.
    Prashant shah · 8 years ago `
    It's a masterstoke by amfi. What a unity they have. They have first with IFA 's help reached a milestone aum and now with the help of sebi, they want to kill IFA and want all the customers acquired by IFA's to deal with them directly and want to throw us in the bin. Now let me tell you drawbacks in RIA model. If a customer has any operational issue or any issue related to investment, she or he will have to go to AMC or R&T office and this can happen very often. So on one Hand they pay fees to RIA and at the same time, the service will have to be done by themselves which we all know how easy will it be. Also it is shown that direct plans don't have any client acquisition cost which is completely wrong so that means once IFA's are removed from in between the customer and AMC, AMC's will increase their charges once again and eat the extra margin but RIA can only advice. Thirdly, IFA have to have ARN for which he or she has to pay big fees and RIA have to pay really high fees. So who wins and who looses in the entire game. But obviously customers and IFAs loose at the expense of AMCs and sebi.
    amit · 8 years ago `
    i am the distributor of MF through NJ i have a query i i get registered as RIA will i be eligible to reveice commision from NJ or its not allowed after RIA registration plz plz answer
    Shivkumar Kalra · 8 years ago `
    Whatever suggestions written in the report is rubbish according me. 1 to 1.5 year SIP as on date at present is showing Negative returns. Most Equity Mutual Funds Schemes are not even able to Show atleast 6% returns into their Equity Schemes. Sebi should first check this dhandalbaji.
    Manikaran Singal · 8 years ago `
    See, one thing is very much clear...if you are into financial advisory and advise more than 1 financial product regulated under SEBI, or are into financial planning by whatever lable you are working, you need to get registered as RIA. Period. Cribbing over regulations would not give any benefit, rather than accepting it timely and modifying your way of working will surely help.

    By allowing keeping a SIDD and also accepting applications of people disclosing the distribution business in family members' name, it is very much visible that SEBI is acting leniently. This is how SEBI is allowing RIAs to evolve as advisor and letting them take their time. Industry is moving towards low costs, and if you want to maintain the revenue stream, you need to work at double pace.

    Direct MFs are there, Online platforms are there, information is available in abundance, media is very active.....go spend time with your clients and make them realize your value, tell them you care, else they will find it somewhere else.

    Most of the RIAs are earlier IFAs only, those who were not IFAs are not being able to serve clients well. You have knowledge, you know your clients in and out, they trust you. whatever media reports says that commissions comes with conflict of interest, you know very well that why you've done, what you've done for your clients...so why are you worried. If you’ve really served your clients’ well, I am sure they will reciprocate in the same way.

    I know it may be challenging to start with, but the point is there's no other option left. Look at what you do, if you fall under regulation get yourself registered or continue with your MF distribution model. Choice is yours. But whatever you do, you should be at right side of LAW, and SEBI Regulations are nothing but a Law at place.

    Things change with time, you also need to change with time…or...
    arijit Shah · 8 years ago `
    SEBI registered RIA concept is nothing but a way to create an AUM/Profit for SEBI . If SEBI is so serious about the regulations, then they should reduce the cost first. RIA (aspirants) are in fools paradise, who thinks that investor will pay hefty fees for the advisory. If the best doctor in Mumbai is charging Rs 5k (max) as a fee... so how can we/advisor charge more than that. There are n number of robo advisors are coming in the market, who are charging just few hundreds rupee as an fees that to in direct plans.

    I personally feel servicing + Compliance + advisory + timeinvolve huge cost, which cannot be recovered in near future. MF advisory is purely a dead business now, which has no future esp for intermediaries.
    Saurabh Tyagi · 8 years ago
    Fully agreed with you, In India we pay to the doctors, when we have serious ailment. Out of 10, 8 times we do self medications, thinking that why to pay fees. eg use paracetamol, nimuclide for fever or ibubruphen/ diclofenac etc. In financial advisory case " Gyan Ki Ganga to charo taraf se bah rahi hai" Why the hell some one will pay fees. Even if they pay, they will peanuts.
    Reply
    Rajesh pandey · 8 years ago `
    After implementation of SEBI circular most of IFA sut there business and moove to other way, not reg. With SEBI RIA, SEBI also want the IFA heart. Without IFA distributer MF can't grow it should be understand by SEBI. gaon men ek kahawat hai baniya ko bandhkar bazar nahin lag Sakti. SEBI RIA rupi baniya ko bandhka forcy MF ka bazar lagana chahti hai, it never possible in India. Till now only aprox. 400 RIA IN PAN INDIA, SEBI AND FM not able to understand there NPS moddle flop show after forcly open prawn account it shee mirrer them. I feel desision making is not good.
    Rajesh Sharma · 8 years ago `
    Would like to know, what was your fees based income last FY & by how many clients. So that we can also think about the same.
    amit · 8 years ago `
    can any one plz suggest the procedure of registering RIA as we all are discussing in details but not aware of procedure. bottom line is in future one has to be RIA plz plz suggest procedure
    vishal vashisht · 8 years ago
    MR AMIT I AM ALSO GOING THROUGH SAME PHASE. FIRST ONE HAS TO PASS THE INVESTMENT ADVISORS LEVEL 1 EXAM FROM NISM.
    Reply
    PRAVESH GOUR · 7 years ago `
    Hi sir , As I have passed both exams of NISM Investment advisor L-1 & L-2 and also NISM mutual fund disturbutor . so plz suggest can i registered both as distubtor and RIA with SEBI ?
    pathuri venkata subrahmanyam · 6 years ago `
    I want to register a company in my name along or me along with my family members. I want to have my ARN and the AUM to be transferred to this company. will it be possible? and how I can do the same? let it be a OPC one person company or otherwise.

    chandra shekar P · 4 years ago `
    can a ARN holder become a RIA without cancelling ARN ?
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