Client Agreement Letter (version March 2011)
Authorisation Statement
One Life Financial Planning Limited is Authorised and Regulated by the Financial Services Authority. The Financial Services Authority regulates the financial services industry in the UK and their address is 25 The North Colonnade, Canary Wharf, London, E14 5HS. You can check this on the FSA’s Register by visiting the FSA's website www.fsa.gov.uk FSA Number 436140 or by contacting the FSA on 0845 606 1234.
Permitted Activities
One Life Financial Planning Ltd is authorised to advise on and arrange life insurance, pensions and investments in authorised Unit Trusts and Investment Trusts, Personal Pensions, Individual Savings Accounts and other regulated investments. We do not provide advice on occupational pension transfers and membership of defined benefit occupational schemes. We will where appropriate refer you to a Pension Transfer Specialist. We do provide advice on and arrange Mortgages but do not provide advice on Lifetime Mortgages or Home Reversion Schemes.
Agreement To These Terms
We will, provided you are happy with these terms ask you to sign the bottom of this letter to confirm receipt and acceptance of the terms set out. This agreement will be relied upon in the event of a dispute until terminated by either party. If initiated by us, termination will be without prejudice to the completion of transactions already initiated or in progress.
Client Categorisation
Each client with whom the firm does business is categorized to identify the level of regulatory protection to be applied. We believe in providing our clients with full regulatory protection and we propose to classify you as a Retail Client.
Material Changes
In the event of a material change in the terms on which One Life Financial Planning Ltd wish to undertake business with you then you will be issued with a new Client Agreement Letter before being provided with any further investment service. We do not assume acceptance unless we have received a signed copy of this document.
Services To Be Provided
With regards to investment which we have arranged for you, these may be kept under review in line with the agreed level of service to be provided. We may contact you in the future by means of an unsolicited promotion should we wish to contact you to discuss the relative merits of an investment or service which we feel may be of interest to you.
On issue of this letter any subsequent advice or recommendation offered to you will be based upon your stated investment objectives, acceptable level of risk and any restrictions you wish to place on the type of investments or policies you are willing to consider. We will issue you a suitability report to confirm our recommendation. Unless confirmed we will not place any restrictions on our recommendation.
One Life Financial Planning Limited does not handle clients’ money. We never handle cash or accept a cheque made out to us, unless the cheque is in settlement of charges or disbursements for which we have sent you an invoice.
We will also make arrangements for all your investments to be registered in your name unless you first instruct us otherwise in writing. We will forward you all documents showing ownership of your investments as soon as is practicable after we receive them; where a number of documents are due involving a series of transactions, we normally hold each document until the series is complete, then forward them to you.
Advice and Instructions
Any advice given to you by us shall be in writing. We prefer our clients to give us instructions in writing, to aid clarification and avoid future misunderstandings. We will, however, accept oral instructions provided they are confirmed in writing. We may, at our discretion, refuse to accept instructions although such discretion shall not be exercised unreasonably. We will record all transactions on our files which, along with copies of relevant documentation, will be retained by us for a period of not less than six years. You have a right to inspect copies of contract notes, vouchers, and entries in our books or computerized records relating to your transactions. We reserve the right to withhold copies of these records if information relating to other parties would be disclosed.
Material Interests
We will act honestly, fairly and professionally known as conducting business in “Clients best interest” regulations. Occasionally situations may arise where we or one of our other clients have some form of interest in business transacted by you. If this happens or we become aware that our interests or those of one of our clients conflict with your interest, we will write to you and obtain your consent before we carry out your instructions and detail the steps we will take to ensure fair treatment.
In accordance with the rules of our regulator, The Financial Services Authority, we are prohibited from accepting any payment (commission or other non-monetary benefits) which is likely to conflict with the duty of the firm to its clients.
Right To Cancel
We will inform you of your statutory right to cancel. The Distance Marketing Directive normally grants you 30 days in which you may cancel a life or pension contract. There will be occasions where no statutory rights are granted; however, this will be explained before any contract is concluded. Finally, any contracts arranged at your explicit consent (normally referred to as execution only) do not provide cancellation rights.
Data Protection
The information you have provided is subject to the Data Protection Act 1998 (the “Act”). By signing this document you consent to us or any company associated with us processing, both manually and by electronic means, your personal data for the purposes of providing advice, administration and management.
“Processing” includes obtaining, recording or holding information or data, transferring it to other companies associated with us, product providers, the Financial Services Authority or any other statutory, governmental or regulatory body for legitimate purposes including, where relevant, to solicitors and/or other debt collection agencies for debt collection purposes and carrying out operations on the information or data.
In order to provide services to you we may be required to pass your personal information to parties located outside of the European Economic Area (EEA) in countries that do not have Data Protection Laws equivalent to those in the UK. Where this is the case we will take responsible steps to ensure the privacy of your information.
We may also contact you or pass your details to other companies associated with us to contact you (including by telephone) with details of any other similar products, promotions, or for related marketing purposes in which we think you may be interested.
The information provided may also contain sensitive personal data for the purposes of the Act, being information as to your physical or mental health or condition; the committing or alleged committing of any offence by you; any proceedings for an offence committed or alleged to have been committed by you, including the outcome or sentence in such proceedings; your political opinions, religious or similar beliefs, sexual life; or your membership of a Trade Union.
If at any time you wish us or any company associated with us to cease processing your personal data or sensitive personal data, or contacting you for marketing purposes, please contact The Data Protection Officer on 01656 785700 or in writing to The Dunes Business Centre, 267 New Road, Porthcawl, Bridgend CF36 5BG
You may be assured that we and any company associated with us will treat all personal data and sensitive personal data as confidential and will not process it other than for a legitimate purpose. Steps will be taken to ensure that the information is accurate, kept up to date and not kept for longer than is necessary. Measures will also be taken to safeguard against unauthorised or unlawful processing and accidental loss or destruction or damage to the data.
Subject to certain exceptions, you are entitled to have access to your personal and sensitive personal data held by us. You may be charged a fee (subject to the statutory maximum) for supplying you with such data.
Law
This Client Agreement is governed and shall be construed in accordance with English Law and the parties shall submit to the exclusive jurisdiction of the English Courts.
Force Majeure
One Life Financial Planning Limited shall not be in breach of this Agreement and shall not incur any liability to you if there is any failure to perform its duties due to any circumstances reasonably beyond its control.
Termination
The authority to act on your behalf may be terminated at any time without penalty by either party giving seven days notice in writing to that effect to the other, but without prejudice to the completion of transactions already initiated. Any transactions effected before termination and a due proportion of any period charges for services shall be settled to that date.
Professional Indemnity Insurance
One Life Financial Planning Ltd carries professional indemnity insurance to the value of £1,600,000 in order to protect ourselves and our clients in the event of error.
Taxation Advice
We cannot accept responsibility for taxation advice. Clients must be responsible for their own taxation position and we strongly recommend that clients take advice on taxation matters from a qualified accountant.
Proof of Identity
Where we are required to verify your identity in accordance with the Criminal Justice Act 1993 and the Money Laundering Regulations, no investment will be made until such verification has been obtained. We cannot therefore accept responsibility in instances where investments are delayed due to these regulations.
Credit Referencing
We will where required make searches using credit referencing agencies who will supply us with credit information. The agencies will record details of the search whether or not an application proceeds. Credit searches and other information which is provided, may be used by One Life Financial Planning Ltd and other companies if credit decisions are made about you, or other members of your household.
Communications
We will communicate with you in English, both verbally and in writing for the sending and receiving of orders. To avoid any doubt, Instructions should be issued in writing. We will agree your preferred method for contact; however, for marketing purposes contact will be made by email, telephone, post or text.
Service Agreement
At One Life Financial Planning Limited we offer three levels of service. We will undertake a full discussion at the initial meeting as to the merits of each of these and you will be encouraged to choose the level which most suits your requirements and service levels required in your own particular circumstances. You will be asked to sign to your agreement of the terms offered for the service level chosen and if appropriate a Retainer Fee Agreement will be drawn up. Our aim is to ensure that all clients are provided with this opportunity and be fully informed as to the service level they can expect to receive from One Life Financial Planning Limited.
Remuneration
If we arrange for you a life policy from which we receive initial commission and subsequently you cease to pay premiums, which results in us refunding the initial commission which has been paid to us by the provider, we reserve the right to recover from you an amount equal to the amount we have had to refund. The amount recoverable and the timeframe over which it is recoverable are dependent on the product chosen. Further details of the amount and timeframe will be notified to you within the Suitability Letter we send to you confirming our recommendations prior to the conclusion of the contract. We will not charge any fee if you exercise your right to cancel the policy in accordance with the cancellation notice sent to you by the policy provider.
DECLARATION
Client Consent
This is our standard client agreement upon which we intend to rely. For your own benefit and protection you should read these terms carefully before signing. If you do not understand any point please ask for further information.
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Please tick this box if you do not consent to us or any company associated with us processing any such sensitive data. |
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Please tick this box if you do not wish for us or any company associated with us to contact you for marketing purposes by email, telephone or text. |
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| I have chosen for the firm to be remunerated by; |
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Payment of a Fee |
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Payment by commission (through product charges) |
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Payment by a combination of commission and fee |
Client Name(s)
Client Signature(s)
Date of issue
Date of signing
TREATING CUSTOMERS FAIRLY
One Life Financial Planning Limited are committed to providing excellent service and ensuring that our clients clearly understand the reasons behind our advice and recommendations. In addition, we aim to provide clients with the right amount of information, so they can make informed decisions in regard to their financial circumstances, needs and priorities.
You may receive a Client Questionnaire in the future. Completing it means you will help us to provide an excellent service on an ongoing basis and it also allows us to measure the effectiveness of our training and development programme. If you would like to know more please follow this link: www.moneymadeclear.fsa.gov.uk
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