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Dear reader

Have you seen our new website? Take a look and stay informed, here...

In this newsletter we explain our non-standard services and how they assist with your interests, and we report on an in depth discussion with Allan Gray, the latest developments at Namfisa and about withholding taxes due to be introduced in SA that will probably effect your fund as well.

Please feel free to comment: tell us what you value and how we can improve the content.

Regards

Tilman Friedrich

Tilman Friedrich's Industry Forum

Benchtest Monthly 03.2011

In March our average prudential balanced portfolio returned 0.28% (February 1.21%). Top performer is Stanlib (1.4%), while Prudential (-0.9%) takes bottom spot. In very broad terms, Stanlib relative to the average prudential balanced portfolio, had 10% higher exposure to onshore equities (return of around 2%), compensated  by a 5% lower exposure to onshore bonds and cash (return of around 0.4%) and a 3% lower exposure to offshore assets (return of around minus 3%). Prudential had a 2% lower exposure to onshore equities and 3% lower exposure to cash compensated with a 4% higher exposure to offshore assets. In both cases the performance should have closely resembled that of the average, the balance likely to be due to stock picking.  

On the basis of current trends in inflation and consumer sentiment, we would expect that the flow of capital into commodity based developing countries, such as South Africa, is likely to decline. This should remove the underpin of both our equity markets as well as our currencies.

One major imponderable that may lead to a totally diverging development is the high crude price. This causes a funneling of capital flows into a few assets, such as US government bonds, commodities, precious metals and possibly even investment property. It diverts capital available for investment from the consumer to institutions and will undermine any broad based return of investors to the financial markets. It will cause speculative bubbles rather than sustainable growth.

For further analyses and our views, click here...

‘Non-Standard Service Fees’ avoid cross-subsidisation

In recovering the cost of services we provide, we distinguish between our ‘retainer fee’ for regular activities, determined as a percentage of pensionable payroll, and ‘non-standard service fees’ for irregular activities and ad-hoc services. Latter determined either on the basis of a standard rate per transaction or a time based rate.

We believe that this practice is in the interests of our clients. Firstly, it limits the extent of potential ‘cross-subsidisation’ between clients who make extensive use of certain discretionary services and those that do not. Secondly it offers the option to clients to employ other resources rather than ours if this can be done more economically. In this manner, our fees more closely reflect the resources we actually employ on a regular basis while it encourages negotiation, planning and scheduling of other irregular activities and non-routine services.

These ‘non-standard service fees’ are generally immaterial relative to our retainer fee. From fund to fund and year to year, however, this does vary significantly, depending on the demands placed upon us from time to time by our clients. Some of such ‘non-standard services’ are set out below.

  • Production of Agendas for Meetings
  • Top-up Payments
  • Staff Turnover in Excess of 15%
  • Special Bonus Distributions
  • Attending Special Meetings
  • Review of Rules and Amendments
  • Death Claim Recommendations
  • Special System Programming, e.g. benefit statements

Evidently it is very difficult to make provision for such services in our retainer fee in a manner that would be fair to all clients at all times. We therefore believe that it is in our clients’ best interests to recover our services based on actual resources employed.

Allan Gray – Quo Vadis?

Trustees were used to see Allan Gray Ltd heading the performance tables by leaps and bounds. Over the past two years or so, however, Allan Gray Ltd is now much more prominent at the tail end of these tables. Investors may be forgiven for asking themselves whether Allan Gray Ltd has lost it and whether one should act now to avoid continued disappointment. Since we had concerns about Allan Gray Ltd too, we recently had an in-depth discussion with Tapologo Motshubi, newly appointed MD of Allan Gray Namibia and can share our insights with our readers.

What's new at NAMFISA

The Electronic Regulatory System

Namfisa is in the process of implementing ‘ERS’, an electronic regulatory system, that is intended to provide an automated web based data base, electronic data submission and reporting, as well as electronic registration of rules and rule amendments.

The FIM Bill

The FIM (Financial Institutions and Markets) Bill was subjected to intensive public consultation over the past couple of weeks. Namfisa is intent on having this Bill promulgated in the course of 2011.

Financial services laws in compact format?
The Bill retains its ‘omnibus’ format, covering 10, previously separate, laws in 583 sections and some 500 pages. Add to this the regulations and standards that still need to be formulated, one will be forgiven for feeling totally overwhelmed. It will be a mammoth task for all stakeholders in all financial services industries, to digest this new legislation.

Who will educate Namibians?
Considering the minute pool of expertise and severely constrained resources in this field in Namibia, the fact that there is no Namibian training institution that provides any formal training on Namibia’s financial services laws, and considering our already totally overloaded legal system that will now be required to establish our own body of case law essentially from a zero base, we are certainly heading for interesting times.

So much for greater regional integration
Up to now our financial services industries have been able to rely on an extensive South African body of case law and we have been able to rely on South African training institutions to build some knowledge in Namibia. This will all be destined to history.  Was there ever any talk of greater regional integration?

And the National Pension Fund still to come
Further excitement is still to come by way of the proposed National Pension Fund that has the potential of decimating the pensions industry from a membership of around 160,000 to a mere 60,000 that will be saddled with the financial burden of the new much expanded regulatory system.

Regulation 29

Regulation 29 underwent major changes and was recently re-circulated to stakeholders. This regulation defines the legal parameters for investing in unlisted equities as prescribed in a still to be revised regulation 28.

We do not purport to be experts in this area, but our superficial study of the revised regulation 29 now gives us much more comfort on the practical application of this framework

It remains to question the principle of enforcing investment in any particular type of asset by legislation in a free market economy. We have seen the consequence of forced investment when regulation 28 was first amended to require investment in Namibia. Many of the projects launched at the time have failed losing the total investment for the investor, primarily members of pension funds.

Law and legal snippets

South Africa to introduce dividend and interest withholding taxes

Most Namibian retirement funds invest a substantial portion of their assets in South Africa. If you add to this dual listed SA companies, the investment in South Africa is likely to be anywhere between 50% and 70% of assets. Much of these investments will be dividend or interest bearing and will be subject to the withholding tax on dividends and on interest that is due to be introduced as from 1 April 2012 and from 1 January 2013, respectively. The additional tax burden for Namibian funds investing in South Africa is likely to be somewhere between 0.15% and 0.25% of total fund market value.

This is not an inconsequential amount for any fund and your fund should address this topic with its portfolio managers in good time.

Interesting media snippets

What is a Fair Value for the Rand?

The investor’s expectation of future movement in the Rand exchange rate versus other currencies is important in investment decision making. In the first instance, a strong Rand could present an opportunity for investing offshore. Secondly, a strong Rand could be the result of foreign investment flows into South Africa which in turn could be the reason for a strong local equity market. If both factors apply, one should obviously move investments offshore, and vise-versa. Sharenet discusses the question of fair value of the Rand in this article.

tilman-friedrichTilman Friedrich is a qualified chartered accountant and a Namibian Certified Financial Planner™ practitioner, specialising in the pensions field. He is a member of the marketing committee of ICAN and a member of the legal and technical committee of RFIN. Tilman is co-founder, shareholder and managing director of RFS.

Charlotte Drayer's Admin Forum

Reassured benefits provided by a pension or provident fund (Part 2)

Members whose benefit cover entitlement falls above the free cover limit set by the insurer are automatically covered up to the amount of the free cover limit but have to provide medical proof of health in order to be eligible for the amount above the free cover limit.

Once the insurer has assessed the medical information provided, the member will be advised of the result.  If the insurer has identified a medical condition, the member’s benefit cover may be:

  • restricted to the free cover limit.  In this case cover will only increase if the free cover limit is increased.  However, if the free cover limit is decreased, the cover should not decrease. Should the member feel that his health has improved at a later stage, the member can request the insurer to re-assess his health at his own expense.
  • accepted with a premium loading. New evidence of health is usually required once the benefit cover entitlement increases due to a salary increase.  It has become the insurer’s practice to build such premium loadings into the overall premium payable by the fund.
  • accepted with exclusion of a specific condition.  This means that only the free cover limit amount is paid should the member die or become disabled due to this specific condition. However, if death or disability is due to another cause, the full benefit entitlement becomes payable.

If the insurer has not identified any medical risk, the member is accepted at standard rates and conditions. To date the 20% rule has typically been applied. This means that if the benefit cover entitlement of the member increases by not more than 20% in one year, the member will automatically be covered for the full benefit cover entitlement.  Medical evidence of health will only be requested again after 5 years. 

As soon as the benefit cover entitlement increases by more than 20% in one year, the member’s cover will be restricted to the last automatically accepted cover, increased by 20%.  The member will then have to provide medical evidence of health for the amount of benefit cover entitlement above this pre-accepted amount.  

Sanlam is about to change this process and will accept increases in benefit cover entitlement without further medical evidence of health subject to certain periods, the age of the member and cover limits as set by Sanlam from time to time.

charlotte-drayerCharlotte Drayer holds the Higher Certificate in Retirement Fund Administration, conferred by the Insurance Institute of Southern Africa. She was one of the pioneers of the pension fund industry in Namibia, and is widely regarded as the most experienced and competent fund administrator in the country. She was the first member of staff on the Retirement Fund Solutions team and is now a shareholder and board member.

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