No matter where you live, you will come up against the issue of retaining compliance as a financial services professional. Credit card companies, banks and many payment processors do not want to even engage with financial services, as doing so throws up a set of legal challenges they don’t want to deal with. So where is it that financial advisors are supposed to turn? Before we answer that question, let’s have a look at the specific challenges to compliance, and why most payment processing solutions are incompatible with the business of financial advising.
The Custody Battle
Why is it that billing for financial services, as opposed to taking commission for them, is such a dangerous notion for regulators? First, in many states, regulating bodies are simply more used to the old way of doing things. In the AUM model, financial service providers are compensated on a commission basis. As this model becomes more obsolete and the financial advisor retainer model rolls in, regulators fear the potential for customer abuse. Nowhere is this fear more prevalent than when it comes to financial advisors having custody over their clients’ funds. If a RIA is known to regulators for having custody, they are subject to surprise audits by an independent body. Most financial advisors would agree that staying clear of the custody issue is the best course of action.
Client Access and Transparency of Services
The issue of custody has certain offshoots that can also cause red flags for regulators:
A Compliant Payment Processing Solution
The challenges to compliance in the retainer model should not stop you from trying what could become the cornerstone of your business as a financial advisor. As a result of an in-depth exploration of this particular pain point of the financial services industry, there is now a compliant payment processing solution that was built specifically for financial advisors — AdvicePay. Founded on the basis of transparency and client access, AdvicePay is setup to avoid triggering custody. The client remains in control of their finances at all times, meaning you stay compliant, the regulators stay happy and your customers retain their agency. Everybody wins.