PMAC Urges CIRO Not to Proceed with Proposed Incorporated Approved Person Compensation Framework

PMAC submitted comments to CIRO and the CSA on CIRO’s proposed rule amendments to introduce an Incorporated Approved Person compensation option (CIRO Bulletin 26-0150).

 

Our principal recommendation is that CIRO not proceed with the proposal. We do not believe CIRO has demonstrated that the anticipated benefits justify the significant costs, regulatory complexity, potential investor-protection risks and industry disruption. We also recommend that concerns associated with existing directed-commission arrangements be addressed directly and separately, including through consideration of eliminating that model.

 

If CIRO and the CSA nevertheless pursue incorporated compensation, our submission emphasizes the need to:

  • Demonstrate a sufficient public-interest benefit, including how the proposal would improve investor outcomes, access to advice or capital-market efficiency, rather than primarily providing tax-driven benefits to incorporated advisors.
  • Resolve tax-policy and administrative uncertainties, including obtaining written clarification from the CRA and Revenu Québec regarding tax treatment, reporting and withholding obligations, and potential exposure for firms.
  • Assess the supervisory and operational implications, including additional costs, regulatory accountability, access to records and potential personal regulatory liability exposure for ultimate designated persons and chief compliance officers.
  • Consider the implications across registration categories and business models, through a coordinated CIRO and CSA assessment from the outset, to avoid competitive disadvantages for CSA-registered portfolio managers and unjustified regulatory disparities.

 

Read PMAC’s full comment letter here.