How To Prepare For The Best Interests Duty - Connective

2.3 Understanding the conflict priority ruleThe best interests duty and the conflict priority rule are separate obligations that operate inconjunction and apply each time a mortgage broker provides credit assistance.BID ready tipThe existence of aconflict does notalways mean youcannot provide creditassistance. You justneed to ensure yourcustomer’s interestsare prioritised andyour recommendationsjustified.The conflict priority rule means that you must not recommend a product or service of arelated party that would create extra revenue for yourself, your credit licensee or anotherrelated party, unless doing so would also be in the customer’s best interests.You should always clearly disclose any conflicts or potential conflicts to your customer atthe beginning of your interaction with them.If they choose to work with you despite the conflict, you must still comply with the conflictpriority rule by resolving the conflict in your customer’s favour.Complying with the conflict priority rule1.Identify what interests you or any related parties have.2.Consider whether any of your relationships with referral partners create anyconflicts.3.In situations of conflict, consider what a mortgage broker in your positionwithout a conflict of interest would do.4. Maintain accurate records and file notes showing how productrecommendations are in the customer’s best interests.5.Maintain a conflict of interest register. Ensure conflicts of interest arerecorded and detailed notes are kept to explain how each conflict of interestis resolved.6. Regularly monitor and supervise representatives that are part of yourbusiness to ensure they comply with the conflict priority rule and yourinternal governance processes.7.If you have a conflict of interest and you are unable to prioritise yourcustomer’s interests, do not provide credit assistance.How to prepare for the best interests duty A mortgage broker's guideNovember 2020, v110

Here are some common conflicts for you to consider.Role conflicts can occur when youtake on multiple roles in the samerelated transactions.Potential conflictSolutionIf you are acting as the mortgagebroker for the purchaser and theproperty agent for the vendor.You will either need to act for onlyone of the parties (if you cannot actin your customer's best interests)or ensure that there is no possibilityyour recommendation can beconstrued as not being in yourcustomer's best interests.This will cause a conflict due to youreceiving income from two partiesand having to serve the interests ofdifferent people.Related party or credit providerconflicts can occur when you havecomplex ownership structures orcommercial ties.If you recommend a loan providedby a lender owned by a directorof your business, regardless ofwhether you receive any additionalfee from that lender.For brokers operating under simplebusiness structures, this should notbe an issue.Hidden conflicts can arise due tothe specific terms or conditionsoffered by one lender compared toanother.A lender offers terms andconditions that are morefavourable, from a broker’sperspective, than those offered byother lenders. There is potential forconflict if those more favourableterms are seen to have influencedyour recommendation.You are required to disclose theseconflicts.Where you cannot give priority toyour customer’s interests ahead ofyours or those of another party, youmust not provide credit assistance.Ensure you can justify thatyour recommendation is in thecustomer’s best interests and thatany more favourable terms offeredby that lender did not influenceyour recommendation.Examples could include how alender pays or calculates upfrontcommissions, the amount of alender's commissions or a lender’sclawback terms.How to prepare for the best interests duty A mortgage broker's guideNovember 2020, v111

2.4 CHECKLIST: Preparing your business for thebest interests dutyStep 1: Understand your customers and their needsIdentify your customer mix and consider the specific needs of your core customersegments i.e.first homebuyers, experienced investors, credit impaired.Connective toolConnect with lenders andget the latest product andpolicy updates as part ofthe Connective Learningand Development program.For details, click hereEnsure you have a range of lender accreditations that is representative of what isavailable in the market to assist your customer mix.Add lender accreditations where you see gaps in what you can offer your customers.Ensure your lender accreditations page in Mercury accurately reflects theaccreditations you hold. Remember this data populates your Credit Guide.Stay up to date with lender products and policy updates, and update youraccreditations in line with market changes.Step 2: Update your systems, processes and documentationReview your record keeping processes to enable efficient BID compliance.Incorporate the education of customers into your customer interactions by sharingdetails of the loan application process and the three steps you will follow to complywith BID (gather information, make an individual assessment and present informationand recommendations), ensuring these interactions are documented.Connective toolUse the best interestsduty workflow in MercuryNexus to help you staycompliant.Review the documentation and standard emails you send to your customers toensure your communication is in line with BID.Review your website, advertising material and social media pages (personal andbusiness) to ensure all content is in line with BID.Confirm all team members in your business understand BID requirements.If you are mentoring brokers, update your training and file review process in line withBID requirements.Step 3: Managing any conflicts of interestCreate a conflict of interest policy to manage any conflicts.Implement systems and processes to identify any actual and perceived conflicts ofinterest.Implement a register of conflicts of interest to ensure proper records are maintained.Review your business relationships and make necessary adjustments aligned withBID requirements.Find out more in section 2.3 Understanding the conflict priority ruleHow to prepare for the best interests duty A mortgage broker's guideNovember 2020, v112

Step 4: Conflicted remunerationEnsure you record conflicted remuneration payments you are paying or receiving.Ensure you have systems and processes in place so you or your associates don’treceive conflicted payments.Implement systems and processes to disclose permitted remuneration to yourcustomers.Connective toolIf you'd like us to supportyour business to becomeBID ready, talk to yourConnective BrokerSupport Manager orCompliance SupportManager.Implement systems and processes to ensure any permitted remuneration does notadversely impact your customers.Find out more in section 4. Understanding conflicted remunerationStep 5: Monitoring and oversight for ACL holdersMake sure that you and any brokers within your organisation are aware of all BIDrequirements.Update your file review process to align with BID requirements.Put a process in place to manage your representatives if they breach BID.Consider amendments to your employment agreements held with agents,representatives, and contractors to ensure your agreements are BID compliant.Step 6: Keeping up with BID – it’s not a one-time reviewUndertake ongoing training with Connective, lenders and your industry body toensure you understand your obligations.Review your lender accreditations on a periodic basis.When you enter new referral relationships, consider conflicts of interest.Review your conflicts of interest policy on a regular basis (minimum annually).Review your advertising material on a regular basis and think about how this could beperceived by your customers.How to prepare for the best interests duty A mortgage broker's guideNovember 2020, v113

3A step by step guideto acting in yourcustomers’ bestinterestsThere are three steps to ensuring mortgage brokers meet their BID obligations. At eachstep you must give evidence of your process and document your customer interactions.3.1 Three steps to complying with the bestinterests dutyASIC has defined the following three steps to ensure mortgage brokers comply with thebest interests duty:Step 1: Gather information about the customerStep 2: Make an individual assessmentStep 3: Present information and recommendations

3.2 Step 1: Gather information about the customerBID ready tipIf you cannot act inyour customers' bestinterests you mustnot provide creditassistance.Educating your customer and documenting your customer interactions are importantsteps to comply with BID.1Use Connective's Needs Analysis as a comprehensive checklist todocument your customer's needs and objectives2Find out what your customer wants to achieve, the reasons forobtaining credit and what loan features are important3Document the customer’s financial situation and take reasonablesteps to verify it4Identify any conflicts of interest and prioritse the customer's interests inall cases5Take reasonable steps to verify customer information and make furtherenquiries if it is incomplete or inaccurateHow to prepare for the best interests duty A mortgage broker's guideNovember 2020, v115

3.2.1 Best practice note takingDetailed notes provide evidence that you’ve complied with BID. Best practice notes include: a timeline of the opportunity, or a narrative summary including actions taken andrecords of relevant customer or third party conversations i.e. accountants, legalrepresentatives, lenders a record of the products reviewed, investigated and recommended a record of what was agreed and why; and in some situations, the reasons why aproduct was not recommended evidence of you acting in the customer’s best interests, including records ofefforts made to educate the customer such as emails containing customer fact sheets factual evidence that includes the customer's exact words where possible.BID ready tipHaving no notes at allleaves your businessopen to scrutiny fromregulators. Remember,if it isn’t documented,there is no evidence.Evidence is crucial toprotecting you.Click here for examples of best practice notes.Find out more in section 2.1 Educating and engaging your customersDaniel OhGroup Legal CounselBe inquisitive when you’re obtaining information fromyour customers. Don’t just accept information at facevalue. If something doesn’t seem right, ask questions,always document the response and then ask yourcustomers to verify what you’ve understood via email.ConnectiveHow to prepare for the best interests duty A mortgage broker's guideNovember 2020, v116

3.3 Step 2: Make an individual assessmentThere’s no one-size-fits-all product or approach. You must assess each customer individually.Daniel OhGroup Legal CounselConnective Assess each customer on their individual facts, circumstances, preferences andobjectives in order to determine what is in their best interests. Consider a range of relevant products and identify the options that meet thecustomer's goals and objectives. Take all relevant factors into consideration, including value and benefits to thecustomer, when determining whether a recommended product is in their bestinterests. Consider your customer's priorities and preferences for products or credit providers,including preferences for the price of the loan, loan features and preferences relatingto the level of service of the credit provider. Understand the customer's personal circumstances and financial situation to theextent that this could impact the suitability of different products. Be sure you have access to products that meet the customer’s needs, objectives,preferences and priorities. Consider if you have the expertise to make a recommendation that meets thecustomer’s needs, objectives, preferences and priorities.In order to comply with BID, you must ensure that you’reassessing the client’s unique situation and circumstances.At this point, you need to decide if you can providecredit assistance and comply with BID. If you don’t thinkyou can, then refer them on or politely decline.Protect yourself.Under responsible lending, you must also determine: that the loan is not unsuitable the customer can comply with the financial commitment without substantial hardship the loan meets the customer's needs and requirements.Recently the Federal Treasurer announced proposed changes to simplify credit laws,including the removal of responsible lending obligations.Any change will not kick in until March 2021 at the earliest, so you must still meet yourresponsible lending obligations in the meantime.How to prepare for the best interests duty A mortgage broker's guideNovember 2020, v117

3.3.1 The priority pyramid: where does costfit in?As a rule, ASIC says cost should be prioritised. But you should also considerwhether the benefits of other features outweigh the importance of cost.Use the priority pyramid below to help you make these decisions.POLICYFrom the lenders you are accredited with,which lenders will lend to your customer?FEATURESWhich of the identified lenders offer products thatmeet your customer’s needs and requirements?COSTFrom the available product options,identify the cheapest alternativeand ensure that it is partof your discussion withyour customer.Depending on the circumstances, you will need to ensure that: the products presented to the customer include the “cheapest” option in the event that you do not recommend the cheapest option, explainyour rationale and why the recommended option is in the customer'sbest interests you retain notes and correspondence supporting your decision andrecord these conversations with your customer.How to prepare for the best interests duty A mortgage broker's guideNovember 2020, v118

What is the “cheapest” loan?There isn’t one correct answer. Cost includes: interest rate, fees and charges, including establishment fees and package fees, and anycashback offer features such as offset accounts and redraw facilities can also form part of the overallcost assessment, depending on your customer’s circumstances certain promotional offers, such as reward points, are not easily quantifiable, soconsider these factors in your decision-making process.Ultimately, whichever method you use to calculate the cheapest option needs to beobjective and justified. Be careful not to have a “one-size-fits-all” approach. You may needto vary the way you calculate cost depending on a customer’s particular circumstances.To protect your business, you should discuss your method with your customer and ensureyou retain adequate notes.New purchaseRefinanceIt may be as simple as identifyingthe option with the lowest ratebased on the product comparisonin Mercury, as well as the one withthe lowest total cost i.e. interestrate plus fees.You may need to calculate the costof the existing loan(s) and compareit to the total cost of the new loan,including any refinancing cost overan equivalent term.How to prepare for the best interests duty A mortgage broker's guideNovember 2020, v119

3.3.2 Other loan featuresWhilst cost is a key consideration, there may be other features your customer values.Importanttip: What ifthe customerdoesn’t wantthe loan yourecommended?Your customer may prefera certain lender’s productover the product you’vedetermined is in their bestinterests. In this case, youshould at least presentmore than one option,including the cheapestoption, to your customer.If they still prefer analternative to yourrecommendation, retainadequate notes reflectingthese interactions andyour customer’s choice.Daniel OhGroup Legal CounselOffset accountsRedraw facilitiesPackages containing other productsApproval timesIt’s critical that you understand what is important to your customer in the informationgathering stage and, where possible, rank the priority of each identified feature.Exercise judgement in considering the relevance of each product feature when consideringyour customer’s individual circumstances. Where necessary, you may need to educate yourcustomer to ensure they understand the credit products you’re recommending and howthey meet their needs and requirements.It’s easy for a customer to select product features, but dothey really understand the pros and cons of the featuresthey’ve chosen? Educate your customer using productfact sheets, so you can have an informed discussion andbe confident that you’re acting in their best interests.ConnectiveHow to prepare for the best interests duty A mortgage broker's guideNovember 2020, v120

3.3.3 Packaged productsBID also applies to packaged credit products, i.e. credit cards, personal loans or othercredit products that are bundled with a mortgage.ASIC did this to ensure that customers would not receive additional products or packagesthat did not meet their needs, objectives and best interests.When recommending a package to your customer, you need to identify: how each product within the package meets your customer’s needs, objectives,priorities and preferences why recommending that product as part of a package would be in your customer’sbest interests how the package you’re recommending compares to similar available packages andstandalone home loans without packaged credit products the key drivers for why you are providing credit assistance to your customer and howyour recommendation aligns with their best interests.How to prepare for the best interests duty A mortgage broker's guideNovember 2020, v121

3.4 Step 3: Present information andmake recommendationsBID ready tipIf the number ofoptions available to aparticular customer islimited, make sure thisis documented in yournotes and explained tothem.Daniel Oh1Present your recommendations to the customer,showing all of the options you considered, includingthe type of loan, lender and costs.2Explain and document why you chose the productsand how they align with the customer’s circumstancesand best interests.3Educate and equip the customer with all theinformation they need to make informed decisions.If your customer decides to choose a different productthan the one you recommended, reiterate yourreasoning. If that doesn’t work, note their decision andmove

How to prepare for the best interests duty A mortgage broker's guide November 2020, v1 5 1.1 What are the goals of the best interests duty? Improve customer outcomes. Ensure mortgage brokers act in the best interests of their customers. Reduce potential for conflicts of interest to impact the assistance customers receive from brokers.