Response to joint Discussion Paper on Key Information Documents (KIDs)

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2: Do you agree with the description of the consumer´s perspective on risk expressed in the Key Questions?

Yes, but risk should also be discussed in the context of return. Too much focus on “possibility of capital loss” and “uncertainty of return” could lead customers to avoid all risks. There is also a risk in avoiding all risk, a zero risk investment normally has a negative real return in the long run.

3: Do your agree that market, credit and liquidity risk are the main risks for PRIIPs? Do you agree with the definitions the ESA’s propose for these?

Do you agree that market, credit and liquidity risk are the main risks for PRIIPs?
Yes
Do you agree with the definitions the ESA’s propose for these?
Yes

4: Do you have a view on the most appropriate measure(s) or combinations of these to be used to evaluate each type of risk? Do you consider some risk measures not appropriate in the PRIIPs context? Why? Please take into account access to data.

Risk measurement is, in our view, best quantified by historical data. It could be calculated on the existing product, if available, or by the historical data of the investment type/underlying (for example, equity, bonds, MM and so on. History may of course not be a perfect predictor of future risk but this problem of uncertainty of the future is not solved by forecast models. Instead we believe that the shortcomings on using history in the risk measurement could be offset by a narrative explanation.

5: How do you think market, credit and liquidity risk could be integrated? If you believe they cannot be integrated, what should be shown on each in the KID?

Probably best done as a narrative description.

6: Do you think that performance scenarios should include or be based on probabilistic modelling, or instead show possible outcomes relevant for the payouts feasible under the PRIIP but without any implications as to their likelihood?

Although probabilistic modelling could help the customer in assessing likelihood, we dismiss it since it gives the customer a false sense of security. It is better to use a (headline) text like “Let´s say, hypothetically, that” show how the product would perform under one or more scenarios. Scenarios should be in line with/have some kind of relevance to (if any) historical data.
The parameters assumed should be coordinated with the cost section.

7: How would you ensure a consistent approach across both firms and products were a modelling approach to be adopted?

Modelling would have to involve too many complex and uncertain parameters.
Due to the difference in pricing structures all scenarios should be presented net of costs.

8: What time frames do you think would be appropriate for the performance scenarios?

We have no specific view on time frames, although for comparison reasons they should be expressed in “percentage per year” in order to be able to compare products with different holding periods. Percentage per year is also a concept most consumers are familiar with, think of interest on loans and return on deposits. We would prefer some sort of connection to the products recommended (minimum) holding period.
The parameters assumed should be coordinated with the cost section.

9: Do you think that performance scenarios should include absolute figures, monetary amounts or percentages or a combination of these?

We prefer a combination: aggregate monetary amounts and annualized percentages. This is also consistent with the cost section.

10: Are you aware of any practical issues that might arise with performance scenarios presented net of costs?

Arguments claiming that net of costs is practically hard to present normally origins from complex fee structures, constructed in order to make it hard for the consumer to see the net return. We strongly prefer net of costs. A (gross) scenario that needs a “prominent warning” and needs to be cross read with the cost section is of little help to the investor. Performance is by definition net of costs, especially from a consumer viewpoint that this KID is supposed to deliver.

11: Do you have any preferences in terms of the number or range of scenarios presented? Please explain.

Three is a reasonable number: no promise but not too many to make it complex.

12: Do you have any views, positive or negative, on the different examples for presentation of a summary risk indicator? Please outline advantages and disadvantages, and provide any other examples that you are aware of that you think would be useful.

We prefer the UCITS KII risk and reward indicator, mainly since it captures both perspectives: risk and reward. The Dutch indicator in the financial leaflet is in our view especially harmful, since it gives the impression that the best is to take on as little risk as possible, which is not always in the best interest of the consumer.

13: Do you have any views, positive or negative, on the different examples for presentation of performance scenarios? Please outline advantages and disadvantages, and provide any other examples that you are aware of that you think would be useful.

We believe that past performance should be the base for performance scenarios. If no or too short history, methods should be standardized (for example return for the market as a whole, return for the product type as a whole).

14: Do you have any views on possible combinations of a summary risk indicator with performance scenarios?

We prefer 2B or 3B, a single visual element for performance and single or multiple visual elements for risk. The A-alternatives will lead to too much focus on risk and the C-alternatives will be too complex.

15: Do you agree with the description of the consumer´s perspective on costs expressed in the Key Questions?

Fairly ok but it should be kept in mind that it is too ambitious to believe that a 3 page KID could give answers to 8 “key questions” and 21 follow-up questions on costs. Prioritization is needed, preferably on key question 1 and its follow up questions.

16: What are the main challenges you see in achieving a level-playing field in cost disclosures, and how would you address them?

Yes

17: Do you agree with the outline of the main features of the cost structures for insurance-based investment products, structured products, CfDs and derivatives? Please describe any other costs or charges that should be included.

Na

18: Do you have any views on how implicit costs, for instance costs embedded within the price of a structured product, might be best estimated or calculated?

It is fairly easy to list all costs. The main challenge is to find a standardized way to present them in order to make a comparison among products. Standardized rules for presentation are the best way to address this. The rules must be not benefit any particular fee structure.

19: Do you agree with the costs and charges to be disclosed to investors as listed in table 12? If not please state your reasons, including describing any other cost or charges that should be included and the method of calculation.

Intrinsic value seems to be the best approach, but it needs a standardized mechanism for estimating fair value.

20: Do you agree that a RIY or similar calculation method might be used for preparing ‘total aggregate cost’ figures?

We prefer (an improved version) of the “ongoing charges”.
The RIY calculation is interesting but has some methodological problems. For example it includes alternative costs (which is not a cost paid from the investor to the provider) that is highly sensitive to the performance assumptions. For example, a scenario with negative performance will end up with a “negative cost” (i.e. an income) for the investor if the alternative cost is included.

21: Are you aware of any other calculation methodologies for costs that should be considered by the ESAs?

NA

22: Do you agree that implicit or explicit growth rates should be assumed for the purpose of estimating ‘total aggregate costs’? How might these be set, and should these assumptions be adjusted so as to be consistent with information included on the performance scenarios?

We think that the growth rate should be consistent with the performance scenarios. A growth rate higher than 0 (which is likely in the long run) will give both a higher performance and (in the case of most cost models) a higher cost. Both need to be shown in order to give the investor a balanced view.

23: How do you think implicit portfolio transaction costs should be taken into account, bearing in mind also possible methods for assessing implicit costs for structured products?

NA

24: Do you have any views on possible assumptions that should be made, and how these might be calibrated or set?

NA

25: What do you think are the key challenges in standardising the format of cost information across different PRIIPs, e.g. funds, derivatives, life insurance contracts?

Regarding the summary indicator: We prefer Option 2, because it is simplistic and easy to understand and gives the investor a sense of what is to be considered price worthy vs. expensive.
Regarding the aggregated cost figures: We prefer option 6, but question whether the “What might you get back at 5%” column is needed. In any case, it needs to be stressed that it is an “assumed example” so that the investor does not believe it is a promise.
(But we do not understand the figures in the example. For example, in year 1, if you have invested £5000 and had a 5% yield and £328 in costs, you would have £4922 back)
Most of the other options are far too complicated.

26: Do you have a marked preference or any objection for any of the presentational examples? If so, why? Please provide any alternative examples which you believe could be useful.

No

27: In terms of a possible breakdown of costs, are you aware of cost structures for which a split between entry or exit costs, ongoing costs, and costs only paid in specific situations or under specific conditions, would not work?

On the one hand aggregation is better since it will be easier to communicate. On the other hand, no aggregation is better since we believe that the risks are so different in kind that they need to be kept separate in order to be understandable. We have a slight preference for a multidimensional summary risk indicator, but consumer testing is the way to decide this.

28: How do you think contingent costs should be addressed when showing total aggregated costs?

They can be shown like in Option 6.

29: How do you think should cumulative costs be shown?

We basically agree but have a reservation on taxes. You could argue whether taxes should be considered as costs. But if they are considered as costs, why only transaction tax and stamp duty and not other taxes (such as tax d’abonnement and VAT)?

30: Do you have any views on the identity information that should be included?

SIFA would recommend that the same requirements on identity information as in the Commission Regulation (EU) No 583/2010 (the KIID regulation) article 4.4 – 4.6 are applied on the products covered by the PRIIPs regulation.
Contact details: Whereas in the KIID regulation the contact details of the KIID may be included in the section “practical information” (see article 20), contact details are requested in the beginning of the PRIIPs document. SIFA would recommend that such information is standardized and kept short.
Information about the competent authority: Regarding information about the competent authority SIFA suggests that only the name and a current web-address should be requested.
Universal identifiers (ISIN): SIFA is of the opinion that ISIN or other identifier, should be included where available .
Other: SIFA is also of the opinion that the document should contain the date of its publication.

31: Do you consider that the criteria set out in recital 18 are sufficiently clear, or would you see some merit in ESAs clarifying them further?

SIFA is of the opinion that the ESAs should clarify what instruments do not require a comprehension alert. The ESAs should design a non exhaustive list defining those products where no comprehension alert is necessary. Products that are generally considered consumer products should not require a comprehension alert to avoid confusion among investors.

32: Do you agree that principles on how a PRIIP might be assigned a ‘type’ will be needed, and do you have views on how these might be set?

SIFA is of the opinion that legal form is the most appropriate way to classify products.

33: Are you aware of classifications other than by legal type that you think should be considered?

No

34: Do you agree that general principles and as necessary prescribed statements might be needed for completing this section of the KID?

SIFA agrees that the descriptions should be kept brief and if prescribed statements are needed there should still be room left for specific descriptions appropriate for certain fund types.

35: Are you aware of other measures that might be taken to improve the quality of the section from the perspective of the retail investor?

SIFA would like to highlight the possibility of describing the process of investing used by the product manufacturer. Language should be kept simple.

36: Do you have views on the information PRIIPs manufacturers should provide on consumer types?

SIFA agrees with the ESAs discussion under this section. SIFA would especially like to stress what is acknowledged about identified target market within MiFID II. Consistency with MiFID II in this area is very important to avoid confusion among investors.

37: What is the key information that needs to be given to the retail investor on insurance benefits, and how should this be presented?

No comment

38: Are you aware of PRIIPs where the term may not be readily described, or where there are other issues?

The term can be extended and there should be room to explain this.

39: Are you aware of specific challenges arising for specific PRIIPs in completing this section?

Under this section investor compensation schemes will be explained. Such schemes only present one possible way of protecting investors. Other ways such as those where investors are protected through separation of investments and manager or manufacturer must be explained and compared with the protection of other products. It should be highlighted that funds for example have depositaries that provide this oversight function that no other products have.

40: Are you aware of specific challenges arising for specific PRIIPs in completing this section?

Exact generic timeframes are difficult to produce since the timeframe would differ depending on product and investor.

41: Are you aware of specific challenges arising for specific PRIIPs in completing this section?

It is important to stress that the product manufacturer can only provide information about how to complain about the specific product.

42: Do you agree that this section should link to a webpage of the manufacturer?

SIFA agrees that this should be a link to a webpage of the manufacturer.

43: Do you agree with the assessment of when PRIIPs might be concerned by article 6(3)?

Na

44: In your market, taking into account the list of criteria in the above section, what products would be concerned by article 6(2a)? What market share do these represent?

Na

45: Please provide sufficient information about these products to illustrate why they would be concerned?

Na

46: Do you have views on how you think the KID should be adapted for article 6(3) products, taking into account the options outlined by the ESAs?

Na

47: How do you consider that the product manufacturer should meet the requirements to describe and detail the investment options available?

Na

48: Are you aware of further challenges that should be taken into account?

Na

49: Do you agree with the measures outlined for periodic review, revision and republication of the KID where ‘material’ changes are found?

SIFA agree with the ESAs that the UCITS KIID should be taken as a starting point for questions on periodic review, revision and republication.

50: Where a PRIIP is being sold or traded on a secondary market, do you foresee particular challenges in keeping the KID up-to-date?

na

51: Where a PRIIP is offering a wide range of investment options, do you foresee any particular challenges in keeping the KID up-to-date?

na

52: Are there circumstances where an active communication model should be provided?

Regular updates of the PRIIPs KID should be made public through broadcasting on a web-page.

53: Do you agree that Recital 83 of the MiFID II might be used as a model for technical standards on the timing of the delivery of the KID?

SIFA agrees that it is important that investors are given the opportunity to consider the KIID. However, it has to be balanced against the investors need to make his or her own decision about how much information is needed. Overly prescriptive regulation does not acknowledge each individuals right to make his or her own decision about the timing of an investment. The KIID requirements to provide the document in good time before the investment should be sufficient.

54: Are you aware of any other criteria or details that might be taken into account?

SIFA is of the opinion that the UCITS requirements should also be taken into account when assessing the timing of the delivery of the KIID.

55: Do you think that the ESAs should aim to develop one or more overall templates for the KID?

SIFA is in favour of templates and has developed templates for its members to aid in the development of UICTS KIIDs. However, such templates should be examples, making it possible for manufacturers to use them as ‘safe harbours’ but to deviate if that is more appropriate. Several templates should be provided.

56: Do you think the KID should be adjusted to reflect the impact of regular payment options (on costs, performance, risk) where these are offered? If so, how?

Na

57: Are there other cost or benefit drivers that you are aware of that have not been mentioned? Please consider both one-off and ongoing costs.

Na

59: Are you aware of situations in which costs might be disproportionate for particular options, for instance borne by a specific group of manufacturers to a far greater degree in terms relative to the turnover of that group of manufacturers, compared to other manufacturers?

Na

Name of organisation

Swedish Investment Fund Association