Fair Dealing Model - Recommendations

Performance Reporting
Recommended that the focus of the disclosures should be on retail clients only,
Recommended that cost information be used to provide a summary account activity report,
Recommended that AIMR standards should be used to calculate portfolio performance information,
Where multiple AIMR standards are permissible, the SROs will need to determine whether to prescribe the use of certain standards to ensure comparable disclosure,
It is expected that the default form of performance reporting would be account level reporting, but either account level or portfolio level performance reporting would be acceptable,
If the dealer makes it available, the retail client should be allowed to choose between receiving account level and multiple account level (either individual portfolio or household portfolio) reporting,
If the dealer makes it available, the retail client should be allowed to receive performance reporting with advised/non-advised detail,
Recommended that, in the near term, performance reporting should only be provided for nominee and client name securities that are held in custody by the dealer for the client. While the Working Group agrees that dealers should be held accountable for the performance of all securities positions on which they continue to earn revenue, the significant operational impacts involved make providing performance information on client named securities positions that are either held in physical form by an outside custodian or in book based form a longer term objective [Dissenting view: OSC staff do not agree with this limitation, as this would result in no disclosure by dealers to their clients in respect of client named securities not held by the dealer. OSC staff believes that performance reporting should be provided by the dealer for all securities for which the dealer continues to receive compensation. However, OSC staff recognize that dealers should be able to outsource this function to take advantage of some of the current sources of information],
It may also be appropriate to exclude certain securities where market value is difficult to determine,
Recommended that performance be disclosed for the current year and since account inception at a minimum,
As practical implementation matter, performance from rule implementation date could be provided in place of performance from account inception,
The dealer may make available additional timeframes that are consistent with the client’s investment timeframe,
Recommended that performance reporting should be provided on an annual basis, at a minimum,
More frequent reporting can be provided depending on the level of service being provided by the dealer and the client’s willingness to pay for such service,
The provision of target returns for purposes other than providing a range of possible returns for risk disclosure purposes has not been recommended by the Working Group.
Performance Benchmarks
Recommended that an appropriate benchmark should be provided but if there is no appropriate benchmark, no benchmark information need be disclosed,
Situations where benchmarks may not be available/appropriate include: complex portfolios, where no relevant reference benchmark is available and simple portfolios involving relatively few securities, where the use of a benchmark may provide no meaningful information.
   
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