ASISA STANDARD ON UNCLAIMED ASSETS

Transcription

1 ASISA STANDARD ON UNCLAIMED ASSETS 1. Backgrund This Standard prvides guidance fr members n the treatment f unclaimed assets. The LOA Cde n Unclaimed Assets was used as the basis t develp this Standard with the intentin that it culd be made applicable t the wider financial services industry, including the cllective investment industry as well as pensin funds. ASISA members will be required, in their implementatin f the Standard, t ensure that all utcmes are in accrdance with the requirements f Treating Custmers Fairly (TCF): right culture, targeting, infrmatin, advice, delivery as well as pst-sale treatment. 2. Prpsed Principles We are in the business f paying custmers benefits in return fr the premiums/cntributins/investments that they have paid. Therefre the primary fcus shuld be n increasing the level f tracing in rder that the quantum f assets that may be cnsidered as unclaimed is small We are lking fr a Standard that prvides a level playing field acrss the financial services industry and des nt apply different rules t different financial services prviders nr different prduct categries The custmer s right t the unclaimed assets remains intact until the claim is paid, regardless f the timeframe There is a need t enhance disclsure t custmers in respect f what happens in the event f assets being unclaimed There is a need t be clear n what principles are applied in determining the assumed investment return n unclaimed assets There is a need t define the custmers rights t unclaimed assets and the determinatin f the reserves backing unclaimed assets t address any cncerns regarding custmers being treated fairly. 3. Tracing A deemed date is determined, apprpriate t the prduct type e.g. date that a risk claim is acknwledged, date f maturity fr fixed maturity cntracts, 1

2 cessatin f premium payments in respect f a recurring premium pen-ended cntract age 100, if the ther definitins f a deemed date have nt yet becme applicable A standard minimum tracing prcess is then applicable, within set timeframes The standard minimum tracing prcess is: Within 6 mnths f deemed date Attempt t cntact custmer t advise them f available benefits If unsuccessful in cntact, determine last knwn cntact infrmatin and address f custmer with reference t the cmpany internal database Cmpare internal database with an external database Within 3 years after deemed date Repeat the Within 6 mnths f deemed date prcess If custmer has been cntacted and infrmed f claim within the 3 year perid and they have nt acted then n need t repeat the tracing prcess fr the custmer Within 10 years after deemed date Repeat the 3 years after deemed date prcess If the custmer cannt be cntacted then an external tracing cmpany needs t be requested t trace the custmer, unless an external tracing cmpany has been utilized prir t this check As a principle, the financial services cmpany must take all reasnable steps, including but nt limited t a thrugh search f all internal custmer databases as well as utilizing the infrmatin and services prvided by external databases r tracing agencies, where apprpriate, t cntact the custmer r their beneficiaries As a principle, any reasnable direct administrative and tracing csts may be charged against the assets f the plicyhlder nly if the first step f the minimum tracing prcess [within 6 mnths f the deemed date] prves unsuccessful As a principle, tracing f any cntract may cease where the value f the plicy is less than R1000 and the csts f tracing exceed the benefit f tracing. The financial services cmpany needs t retain recrds that allw the tracing prcess t be audited and verified, by the cmpany s internal cmpliance/audit functins. 2

3 4. Disclsure New Business stage Plicy dcuments and any ther new business cntract dcumentatin need t be enhanced with mre infrmatin n unpaid r unclaimed benefits It has t be clear that the custmer needs t assume respnsibility fr ensuring that they keep their cntact infrmatin up t date Disclsure must include details f what reasnable actins shuld be taken by the financial services cmpany t trace clients where unclaimed assets exist Any direct administrative, tracing and management fees taken n unclaimed assets need t be disclsed, with a prvis that these may change ver time and will be cmmunicated ver the life f the cntract It is recmmended that cnsent be included in this dcumentatin t allw insurers t use plicyhlder infrmatin t facilitate tracing where required in the future it will need t allw fr sharing f persnal infrmatin and ensure cmpliance with the Prtectin f Persnal infrmatin legislatin. On-ging existing custmers Annual cmmunicatin t custmers as well as maturity letters and any ther n-ging cmmunicatin with custmers need t be enhanced with mre infrmatin n unclaimed assets The disclsure must highlight any cntractual bligatins n the part f the financial services prvider and the custmer in respect f unclaimed assets. Any relevant cntractual issues (e.g. nn-extendable maturity date) need t be highlighted and cnsequences f these cntractual issues need t be explained The disclsure needs t make it clear that the custmer must assume respnsibility fr ensuring that they keep their cntact infrmatin up t date Where cntractually pssible, it is again recmmended that sme frm f cnsent be btained frm custmers t allw fr sharing f persnal infrmatin in the event that tracing becmes necessary in the future Disclsures need t include reference t investments and csts applicable t benefits that becme unclaimed as well as reference t the ASISA standards applicable frm time t time. 3

4 5. Financial educatin There shuld be a general public educatin drive t infrm the public abut unclaimed assets and what it means t them - driven bth by ASISA as well as individual lng term insurance members This shuld fcus n alerting custmers t the pssibility f having assets due t them and hw t g abut trying t find ut if there are any benefits due There must be a prcess/mechanism fr custmers t be able t update their persnal cntact infrmatin with financial services prviders in respnse t this campaign The new revised ASISA Standard n Unclaimed Assets needs t be published and be available and accessible; nt nly thrugh the ASISA prtal but als thrugh varius financial services cmpany s specific website(s). 6. Investment f unclaimed assets and return n unclaimed assets Risk business Where the cntract r material des nt make any specific reference t the investment f the claim amunt The risk pl may be invested as the life cmpany deems apprpriate, as the cmpany is carrying the risk Prvided that any investment des nt put the ability f the cmpany t pay benefits nr the financial sundness f the cmpany at risk Where the cntract des make specific reference t any interest/enhancement payable n the claim amunt The interest/enhancement must be reasnable and in accrdance with what reasnable client expectatin the cmpany has r may have created (and must be greater than zer) Where the cntract r material des nt make any specific reference t any interest/enhancement payable n the claim amunt The claim amunt will attract interest/enhancement Frm the date that all requirements in rder t cnfirm the validity and acceptance f the claim have been received The rate payable needs t be reasnable in relatin t after administratin charge market related interest rates Fllwing the implementatin f the Standard all Risk cntracts must make specific reference t the interest/enhancements payable n the claim amunt. 4

5 Investment business Where the cntract r material des nt make any specific reference t the investment f the assets The emphasis must be n meeting reasnable client benefit expectatins acrss a range f market cnditins nt ne specific market cnditin (e.g. nt nly bear/bull market) The cmpany needs t cnsider what reasnable client expectatin it has r may have created Where the client is carrying the investment risk the assets must be invested taking cgnizance f the reasnable client expectatins Where the cmpany is carrying the investment risk the cmpany may invest the assets as it deems apprpriate, prvided that it des nt put the cmpany s ability t meet its cmmitments at risk the return that is prvided t the client must take cgnizance f the reasnable client expectatins where applicable, the return that is prvided t the client must be in line with the cmpany s published Principles and Practice f Financial Management (PPFM) the cmpany may invest the assets in any apprpriate vehicle Fllwing the implementatin f the Standard all Risk cntracts must make specific reference t the investment f the claim amunt/assets (where the client is carrying the investment risk) and the interest/enhancements payable n the claim amunt. 5

6 7. Reserving The custmer s right t the unclaimed assets remains intact until the claim is paid, regardless f the timeframe The reserve that the financial services prvider cnsiders apprpriate t back the unclaimed assets is t be determined by the individual financial services prvider, subject t any statutry requirements that apply t such reserving When a financial services prvider releases assets frm the reserve backing an unclaimed asset these assets must be utilized fr scially respnsible activities, in line with the guidelines belw, and nt mved t the incme statement The guidelines are: The cmpany may invest the assets in any apprpriate vehicle within the cntext f Suth Africa s scial develpment needs, such as: Industry initiatives; ESG items (high scial impact with cmmercial return); The cmpany may nt invest and /r spend the assets in the fllwing manner: Placed in the Incme Statement (as an Incme). 8. Reprting f Unclaimed Assets As the client s right t the unclaimed assets remains intact until the claim is paid, regardless f the timeframe, and nt all financial services prducts have easily determinable claim dates (e.g. there is n bvius pint at which an investment prduct that has an undefined maturity date, nr a bank accunt can be cnsidered unclaimed) what shuld be reprted in terms f unclaimed assets is nt bvius It is prpsed that 2 sets f figures are reprted t ASISA, fr the use f ASISA Statistics n tracing activities cnducted The cases that have reached the deemed date and have nt been traced within 3 years f the deemed date Statistics will be made available t the Financial Services Bard n an annual basis 6

7 9. Implementatin date It is prpsed that the requirements f the Standard be applicable as frm the agreed implementatin date as agreed by ASISA i.e. implementatin is n a prspective basis This means that the minimum tracing prcess becmes applicable in cases where a deemed date exists prir t the Implementatin date preferably lking back ver a maximum perid f 3 years This means that disclsures at new business stage and fr existing custmers need t be implemented frm the implementatin date This means that the current LOA Cde n Unclaimed Assets remains applicable until the requirements f this Standard becme applicable. ---O--- 7