Finfluencers required to be licensed

stephenbishop

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https://www.straitstimes.com/singap...nd-regulated-if-they-provide-advice-alvin-tan

"Financial influencers must be licensed and regulated if they provide advice: Alvin Tan​

Nov 13, 2024, 11:52 PM

SINGAPORE – Financial influencers who provide financial advice must be licensed and regulated, said Monetary Authority of Singapore (MAS) board member Alvin Tan in Parliament on Nov 13.

Also known as “finfluencers”, these influencers use social media to share tips and insights on finance-related topics, such as investing, saving and budgeting.

MAS expects financial institutions that employ finfluencers to advertise their products or services to ensure that these individuals present information in a clear and balanced way that highlights key features and risks, said Mr Tan.

The regulator has issued guidelines to make it clear that any individual who is remunerated for making a recommendation or expressing an opinion on the buying, selling or holding of investment products will be considered as providing financial advice.

“Even if he or she is not remunerated, he will be considered to have provided financial advice if he makes such recommendations or expressions regularly. Posting of general educational content is not financial advice,” added Mr Tan, who is also Minister of State for Trade and Industry, as well as Culture, Community and Youth.
He was responding to a question from Mr Melvin Yong (Radin Mas) about regulation of the finfluencer sector and the number of complaints MAS has received against finfluencers.

Mr Tan said these influencers must be licensed and regulated under the Financial Advisers Act if they provide financial advice.

Over the past five years, MAS had received an average of fewer than five complaints per year against finfluencers, he added.

Most of these complaints concerned remarks made by finfluencers who were not providing any financial advice. They were therefore not subject to regulation by the authority.

MAS and the Commercial Affairs Department will take enforcement action against individuals providing financial advice without a licence. Enforcement action has been taken against six individuals, none of whom was a finfluencer, over the past three years, said Mr Tan.

The growing popularity of financial influencers has raised concerns about the risks they may pose to consumers who follow them for advice.

Mr Yong said on Nov 13 that finfluencers hold significant sway over their fans, despite these influencers often stating that their words should not be construed as advice.

He asked for MAS’ view on whether finfluencers have a duty of care to their fans in such situations, and also whether there could be guidelines about due diligence required by finfluencers and consumers.

In response, Mr Tan reiterated that a finfluencer who provides financial advice will have to be appointed as a representative of a financial advisory firm.

“That said, we regularly advise the public to deal with and invest through only persons regulated by the MAS.
“We also list unregulated persons who may have been wrongly perceived as being licensed or authorised by MAS on our Investor Alert List,” he added."

I am guessing that some of the forum members who frequently post "advice" in this forum may well be considered "finfluencers" and require a license to do so!
 

sohguanh

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Hahaha there are a few always post until know a lot but I simply Ignore. But for newbies yes they may fall into their so called advice so this regulation may come in useful.
 

stephenbishop

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Hahaha there are a few always post until know a lot but I simply Ignore. But for newbies yes they may fall into their so called advice so this regulation may come in useful.
Yes, there are a few such persons on this forum who regularly and frequently proffer their “advice”. They know who they are. IMHO, high risk of the licensing requirement applying to them.
 

DevilPlate

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https://www.straitstimes.com/singap...nd-regulated-if-they-provide-advice-alvin-tan

"Financial influencers must be licensed and regulated if they provide advice: Alvin Tan​

Nov 13, 2024, 11:52 PM

SINGAPORE – Financial influencers who provide financial advice must be licensed and regulated, said Monetary Authority of Singapore (MAS) board member Alvin Tan in Parliament on Nov 13.

Also known as “finfluencers”, these influencers use social media to share tips and insights on finance-related topics, such as investing, saving and budgeting.

MAS expects financial institutions that employ finfluencers to advertise their products or services to ensure that these individuals present information in a clear and balanced way that highlights key features and risks, said Mr Tan.

The regulator has issued guidelines to make it clear that any individual who is remunerated for making a recommendation or expressing an opinion on the buying, selling or holding of investment products will be considered as providing financial advice.

“Even if he or she is not remunerated, he will be considered to have provided financial advice if he makes such recommendations or expressions regularly. Posting of general educational content is not financial advice,” added Mr Tan, who is also Minister of State for Trade and Industry, as well as Culture, Community and Youth.
He was responding to a question from Mr Melvin Yong (Radin Mas) about regulation of the finfluencer sector and the number of complaints MAS has received against finfluencers.

Mr Tan said these influencers must be licensed and regulated under the Financial Advisers Act if they provide financial advice.

Over the past five years, MAS had received an average of fewer than five complaints per year against finfluencers, he added.

Most of these complaints concerned remarks made by finfluencers who were not providing any financial advice. They were therefore not subject to regulation by the authority.

MAS and the Commercial Affairs Department will take enforcement action against individuals providing financial advice without a licence. Enforcement action has been taken against six individuals, none of whom was a finfluencer, over the past three years, said Mr Tan.

The growing popularity of financial influencers has raised concerns about the risks they may pose to consumers who follow them for advice.

Mr Yong said on Nov 13 that finfluencers hold significant sway over their fans, despite these influencers often stating that their words should not be construed as advice.

He asked for MAS’ view on whether finfluencers have a duty of care to their fans in such situations, and also whether there could be guidelines about due diligence required by finfluencers and consumers.

In response, Mr Tan reiterated that a finfluencer who provides financial advice will have to be appointed as a representative of a financial advisory firm.

“That said, we regularly advise the public to deal with and invest through only persons regulated by the MAS.
“We also list unregulated persons who may have been wrongly perceived as being licensed or authorised by MAS on our Investor Alert List,” he added."

I am guessing that some of the forum members who frequently post "advice" in this forum may well be considered "finfluencers" and require a license to do so!
Does it mean those YT finfluencers cannot anyhow do sponsor ads in their videos liao right?
 

stephenbishop

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Does it mean those YT finfluencers cannot anyhow do sponsor ads in their videos liao right?

I have no idea.

But if I was giving financial "advice" on this or any other forum, I would seek legal advice on whether I have a licensing liability.

Perhaps the mods would like to comment?
 

sky1978

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Does it mean those YT finfluencers cannot anyhow do sponsor ads in their videos liao right?

MAS already provided guidelines on what constitutes financial advice in 2019. The link is below. If don't have time to read through everything, just look at the flow chart on the last page.

https://www.mas.gov.sg/-/media/MAS/...f-Financial-Advisory-Service-10-July-2019.pdf

As for the licensing, this article mentioned only corporations can be granted a Financial adviser's license and the minimum requirement for the application.

https://singaporelegaladvice.com/law-articles/finfluencers-singapore-legal/
 

stephenbishop

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MAS already provided guidelines on what constitutes financial advice in 2019. The link is below. If don't have time to read through everything, just look at the flow chart on the last page.

https://www.mas.gov.sg/-/media/MAS/...f-Financial-Advisory-Service-10-July-2019.pdf

As for the licensing, this article mentioned only corporations can be granted a Financial adviser's license and the minimum requirement for the application.

https://singaporelegaladvice.com/law-articles/finfluencers-singapore-legal/
As reported in ST:

"The regulator has issued guidelines to make it clear that any individual who is remunerated for making a recommendation or expressing an opinion on the buying, selling or holding of investment products will be considered as providing financial advice.

“Even if he or she is not remunerated, he will be considered to have provided financial advice if he makes such recommendations or expressions regularly. Posting of general educational content is not financial advice,” added Mr Tan, who is also Minister of State for Trade and Industry, as well as Culture, Community and Youth."

So it seems clear the Minister is commenting on individuals requiring to be licensed where they provide financial "advice" whether or not remunerated.
 

sky1978

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As reported in ST:

"The regulator has issued guidelines to make it clear that any individual who is remunerated for making a recommendation or expressing an opinion on the buying, selling or holding of investment products will be considered as providing financial advice.

“Even if he or she is not remunerated, he will be considered to have provided financial advice if he makes such recommendations or expressions regularly. Posting of general educational content is not financial advice,” added Mr Tan, who is also Minister of State for Trade and Industry, as well as Culture, Community and Youth."

So it seems clear the Minister is commenting on individuals requiring to be licensed where they provide financial "advice" whether or not remunerated.

They don't seem to be very clear on the licensing part. From publicly sourced info, it isn't that easy.

I saw Some YT content creators mentioning that they have worked in the finance industry before and passed some CMFAS exams. But if the FAA license holder must be a corporation (as per the above article), then the CMFAS exams only allow those individuals to work as reps for the FAA license holders. So, in the end, if regulated activities require licensing, the feasible pathway is to work under a company with such a license.

https://singaporelegaladvice.com/law-articles/finfluencers-singapore-legal/

In Singapore, only corporations, and not just any other businesses registered with any other form of legal structure, can obtain a financial adviser’s license from the Monetary Authority of Singapore (MAS), and you must meet certain requirements, including:

  • Having a minimum paid-up capital of either $150,000 or $300,000;
    • $150,000 if the business only gives advice or provides research analysis on investment products or if the business arranges contracts of insurance in respect of life policies; or
    • $300,000 if the business gives advice or provides research analysis on only futures contracts, spot foreign exchange contracts, or OTC derivatives contracts, or in combination with other investment products;
  • Having in force a professional indemnity insurance policy;
  • Having a minimum 3-year proven track record in the financial advisory business. If the business does not have such a track record, then the CEO should own not less than 20% shareholding of the business, and the CEO and Executive Directors (EDs) should collectively own not less than 50% shareholding;
  • Having adequate internal compliance systems and processes, to ensure compliance with the law, good practices and professional standards;
  • The business, together with its officers, employees, representatives and shareholders, must satisfy the fit and proper criteria issued by the Monetary Authority of Singapore (MAS);
  • If applicable, to have technology risk management tools; and
  • If the business is a foreign company, it should be subject to proper supervision by recognised home regulatory authorities and possess the requisite track record.
 

stephenbishop

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They don't seem to be very clear on the licensing part. From publicly sourced info, it isn't that easy

I am no expert on this matter and only quoting ST which is reporting on what the Minister said in Parliament. Another quote from the same source:

"Financial influencers who provide financial advice must be licensed and regulated, said Monetary Authority of Singapore (MAS) board member Alvin Tan in Parliament on Nov 13."

Seems to me the reference to financial influencers is to individuals.

Like I said earlier, if an individual is providing financial "advice" in this or any other forum, they may wish to take legal advice on their liability to be licensed.
 

RedsYWNA

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I am rather confused by the minister's statement. So if someone in the forum says something like this:

"THIS IS NOT FINANCIAL ADVICE.

A great and safe retirement plan is to buy IWDA for stocks, and MBH for bonds. Rebalance yearly based on 110 minus your age and chill at the beach"

Question: Does one needs to be licensed to make the above remarks?
 

stephenbishop

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I am rather confused by the minister's statement. So if someone in the forum says something like this:

"THIS IS NOT FINANCIAL ADVICE.

A great and safe retirement plan is to buy IWDA for stocks, and MBH for bonds. Rebalance yearly based on 110 minus your age and chill at the beach"

Question: Does one needs to be licensed to make the above remarks?
Good question. I do not have a definitive answer.

But if I am to guess, if that someone regularly and frequently gives such "advice" say through that someone's YT channel or a dedicated forum thread (for example), then that may cross the line triggering a licensing obligation.

Therefore my "advice" that that someone should take legal advice on their licensing obligation.
 

stephenbishop

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HWZ "supported" threads with "Personal Name" attached!

One sold book here, implied remunerated!

The other ? Recently got hwz talk show too!

One more always shout "diversify"!

Dun lose your common sense to academics. DYODD!

:ROFLMAO:
I don't know if I understand what you posted but whether or not remunerated make no difference to licensing obligation based on what the Minister said.

Otoh, imho, if a "HWZ "supported" thread with "Personal Name" attached", please seek professional advice on licensing obligation.

Again, I would like to invite the mods to comment.
 

sky1978

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I am rather confused by the minister's statement. So if someone in the forum says something like this:

"THIS IS NOT FINANCIAL ADVICE.

A great and safe retirement plan is to buy IWDA for stocks, and MBH for bonds. Rebalance yearly based on 110 minus your age and chill at the beach"

Question: Does one needs to be licensed to make the above remarks?

The other question is, can financial advice be turned into non-financial advice by simply stating "THIS IS NOT FINANCIAL ADVICE"?

If the law requires a class 4 license to drive a bus, can someone without such a license paste big disclaimers all over the bus and warn others that "THIS DRIVER GOT NO LICENSE" and expect to be safe from TP?

There is a two-stage test here on what constitutes providing financial advice. If read together with the recent minister's statement, should be able to get a better understanding.

https://finreg.sg/answers/nature-of-financial-advisory-services-374/545
 
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s0crates

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I am rather confused by the minister's statement. So if someone in the forum says something like this:

"THIS IS NOT FINANCIAL ADVICE.

A great and safe retirement plan is to buy IWDA for stocks, and MBH for bonds. Rebalance yearly based on 110 minus your age and chill at the beach"

Question: Does one needs to be licensed to make the above remarks?

A lot of non licensed individuals are also quoted by the press about generic investing/money management matters you know. Also the government has also invited folks like woke salaryman to give talks etc.

Financial education stuff in a one to many format is not financial advice imo, since there is no dialogue and sharing of personal circumstances such that there is customisation to individual needs.

I definitely think many of the conversations here can be deemed as financial advice, since there is sharing of personal circumstances. Just that government won't be stupid to shut down non-commercially driven discussions on investing that are shared out of goodwill. But listeners have to be careful that the "advisor" here is not competent and have no repercussions lo.
 

stephenbishop

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The other question is, can financial advice be turned into non-financial advice by simply stating "THIS IS NOT FINANCIAL ADVICE"?
Caveats such as "This is not financial advice" and "YMMV" are highly unlikely to be a credible defence imho.
 

reddevil0728

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Good question. I do not have a definitive answer.

But if I am to guess, if that someone regularly and frequently gives such "advice" say through that someone's YT channel or a dedicated forum thread (for example), then that may cross the line triggering a licensing obligation.

Therefore my "advice" that that someone should take legal advice on their licensing obligation.

I don't know if I understand what you posted but whether or not remunerated make no difference to licensing obligation based on what the Minister said.

Otoh, imho, if a "HWZ "supported" thread with "Personal Name" attached", please seek professional advice on licensing obligation.

Again, I would like to invite the mods to comment.
wonder if there will be a change in posting behaviour....

anyway i dun think it is for mods to comment / police. cause it should be on the person posting to decide for themselves whether they are subjected to the licensing.
 

stephenbishop

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anyway i dun think it is for mods to comment / police. cause it should be on the person posting to decide for themselves whether they are subjected to the licensing.
I did nor say or suggest the mods should police. I was inviting their comments on what their position is in the light of the comments made by the Minister on the finfluencers’, several of whom imho are active on their platform, liability to be licenced.
 

reddevil0728

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I did nor say or suggest the mods should police. I was inviting their comments on what their position is in the light of the comments made by the Minister on the finfluencers’, several of whom imho are active on their platform, liability to be licenced.
Hmm but like why their comments matter though?

Is the expectation that the moderating team say unless one can show proof that they don’t need to be licensed or they show that they are licensed, they cannot post in the forum?

just wondering why it matters n what the objective is. Like what’s expected to be heard from them?
 

DevilPlate

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Aiya forum posting is anonymous anyway.

Relevant authorities will police those finance Ytubers first lah like simi Kelvin learn investing, 1M65 etc

I wonder those selling trading courses like Adam Khoo needs to be licensed as well?
 

tarui04

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Then the "aggressive fish" company and "you see green arrow" guys need to be licensed bo??
 
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