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2013/14
ISBN 978-1-84516-985-5
9 781845 169855
UK Financial Regulation
CeFA and CeMAP Module 1
Certificate in Regulated
Complaints Handling (CeRCH)
2013/14
David Brighouse
2013/14 update
by
Charlotte Mannouris
The Institute of Financial Services is a division of the ifs School of Finance, a registered charity incorporated by Royal Charter.
Published by the Institute of Financial Services, a division of the ifs School of Finance, a registered charity
incorporated by Royal Charter.
The Institute of Financial Services believes that the sources of information upon which the book is based
are reliable and has made every effort to ensure the complete accuracy of the text. However, neither the
Institute, the author nor any contributor can accept any legal responsibility whatsoever for consequences
that may arise from any errors or omissions or any opinion or advice given.
All rights reserved. No part of this publication may be reproduced in any material form (including
photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally
to some other use of this publication) without the prior written permission of the copyright owner except
in accordance with the provisions of the Copyright, Designs and Patents Act 1988 or under the terms of a
licence issued by the Copyright Licensing Agency Ltd. Applications for the copyright owners written
permission to reproduce any part of this publication should be addressed to the publisher at the
address below:
ifs School of Finance
ifs House
49 Burgate Lane
Canterbury
Kent
CT1 2XJ
T 01227 818609
F 01227 784331
E editorial@ifslearning.ac.uk
W www.ifslearning.ac.uk
Module 1 Contents
VII
Essential information
IX
Syllabus
Unit 1
XXIII
XXXV
XLVII
[1] 1
[1] 3
[1] 67
[1] 99
[1] 181
[1] 201
UK financial regulation
Unit 2
[2] 1
[2] 3
[2] 77
[2] 93
[2] 109
[2] 119
Index
VI
Ind 1
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materials. This part also explains the additional learning materials available
and how they can be best used in conjunction with one another to aid
your studies.
2)
3)
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Essential information
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UK financial regulation
Syllabus
The syllabus for this module is printed within the study text at page XLVII. Please
ensure you familiarise yourself with it. Although the Institute has determined the
number of units and modules required to complete our qualification, the topics
and learning outcomes are the result of the consultation process embarked
upon by the FSA and the Skills Council. Therefore, while in keeping with other
awarding bodies we have had input into the review process, the Institute is not
solely responsible for determining the full range of topics that appear in the
syllabus.
Materials are designed by the Institute to support learners in their studies and,
as such, they cover the requirements set out in the syllabus for the subject you
are studying. All examination and specimen questions are based on, and
referenced to, the content of the syllabus and the learning outcomes detailed
therein. It is therefore very important that you fully familiarise yourself with
the content of the syllabus for this module/unit, both at the outset of your
preparation and as a reference point as you progress towards attempting an
examination. You can access the syllabus from a number of different sources. It
is printed in full at the front of the learning materials, or can be obtained on
request from the Institute FE Customer and Student Enquiries Team on +44(0)
1227 818609 (option 1). Please make sure you have access to a syllabus as you
begin to work towards the examination.
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Important note
You are not expected to memorise specific case law names and dates, or
current tax or national insurance rates and allowances. A list of appropriate tax
and national insurance rates and allowances, etc, will be made available at the
examination itself.
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Updates
The syllabuses and study materials for CeFA and CeMAP are updated
annually, with updated materials being published in July for examinations taken
from the following September. For 2013/14 there is no standalone update for
each module to be used alongside the existing edition of the text. Instead, the
new edition indicates in the margin where a change has been made.
Amendments to the text are the result of changes to the syllabus and the
Chancellors last Budget.
Materials are designed by the Institute of Financial Services to support learners
in their studies and as such they have been prepared to cover the requirements
set out in the syllabus for the subject you are studying. The questions in
examinations are based upon the content and learning outcomes documented
in the syllabus. All questions, live and specimen, are references to the syllabus.
It is therefore very important that you fully familiarise yourself with the
content of the syllabus for this module/unit, both at the outset of your
preparation for an assessment and as a reference point as you progress
towards attempting a test. To help you in this, a syllabus has been made easy to
access from a number of different sources. It is printed in full at the front of
the learning materials on page XLVII, or obtained on request from the Institute
FE Customer and Student Enquiries Team on +44(0) 1227 818609 (option 1).
Please make sure you have access to a syllabus as you begin to work towards
the examination.
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UK financial regulation
The ConservativeLiberal Democrat coalition government has made
fundamental changes to the system of financial regulation in the UK. The
changes are detailed in the Financial Services Act 2012, which focuses on
changing the structure and delivery of regulation within the financial services
sector. The Financial Services Act came into effect from 1 April 2013.
The headline points are as follows.
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Three new bodies have been created: the Financial Policy Committee
(FPC) within the Bank of England and the Prudential Regulation
Authority (PRA) will be a subsidiary of the Bank of England. Both have
powers relating to the regulation of financial services. A further body,
the Financial Conduct Authority, has been created.
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The FCA and PRA can create threshold condition codes and vary firms
permissions on their own initiative. It is intended that the threshold codes will
be stronger than the statutory guidance previously given by the FSA.
Notes for students
Please note that all Institute of Financial Services assessments in the area of
regulation are based on fact and standing legislation. Students will not,
therefore, be assessed on aspects of regulation that are not confirmed by
underpinning legislation.
The Institute will publish updates to its learning materials for key regulatory
issues and will advise students, in a reasonable timeframe, of the dates when
this content will be assessed.
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Support services
In addition to the study manual you also have access to the following services.
Our website www.ifslearning.ac.uk for all general enquiries and update
information on the qualification structure.
The FE Customer and Student Enquiries team is available to assist in helping
candidates who need further information and guidance. To ensure that your
query is fully understood and dealt with appropriately, we strongly encourage
you to contact us in writing, by fax or email.
To contact FE Customer and Student Enquiries:
Tel: 01227 818609
Email: customerservices@ifslearning.ac.uk
Fax: 01227 784331
Examinations
To book examinations the hotline number is 0870 6081915.
Please note that if you are re-sitting an exam you will first need to register
your re-sit with the Institute of Financial Services: this can be done by
contacting Institute FE Customer and Student Enquiries on 01227 818609
(option 1).
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Additional support
The following are available at additional cost to enhance your prospects of
passing the examinations. These are NOT intended to be used as a
replacement for the study manual, but are designed to assist your
study and revision. Many financial services companies subscribe to some or
all of these products, so it is advisable for you to check with whoever handles
your companys training needs to establish whether they currently have access
to these products. Otherwise please direct your queries to our main
FE Customer and Student Services number 01227 818609 (option 1).
Specimen papers available for each unit and module in printed form.These
mirror the live exam for style, coverage of learning outcomes, etc. Each is
supplied with a full list of answers and justifications.
Revision notes summary versions of the study manuals that serve as a
quick reference to all the main topics within the syllabus.
Online Subject Expert Support an online forum to which subscribers
can post technical and study-related queries relevant to the syllabus. A subject
ifs School of Finance 2013
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matter expert with experience in training students for CeFA and CeMAP
examinations will post a reply. You can also use this service to communicate
with others studying your module.
Competence Development Tool this popular eLearning tool features
complete specimen question banks for every module with feedback linking
every question to the study text. It is updated every year in line with the
syllabus. There are separate editions for CeFA and CeMAP. The CDT is
available online, providing subscribers with 12 months access to the most up
to date edition, including any update that occurs during the subscription
period. In addition, all subscribers receive the current CD Rom version.
Study Guide Sometimes, you may need more than just a simple definition,
especially when studying some of the more detailed subjects, or topics that are
completely new to you.You might, for example, be studying Financial Products
(UK Financial Regulation, Unit 1, Section 3), which describes the various types
of investments on the market, some of which share the same characteristics.
You may feel that you need an alternative way of learning their various features
to help you understand and remember the differences between them.
Or you might be reading about a more unfamiliar topic, such as Capital
Adequacy, mentioned earlier, and feel that you will benefit from an alternative
description that helps to put the subject into context and demonstrate its
relevance to you as a mortgage or financial adviser.
These are examples of when you will find the Study Guide useful as it
translates some of the trickier subjects into plain, easy-to-understand language.
The Study Guide is an online workbook that, when used in conjunction with
the manual, will break up the monotony of just reading and making notes, and
will give you a range of examples and case studies to guide you through the
syllabus.
It provides some useful tips on how to remember certain facts, and includes
some questions and exercises that will test your understanding. It will also give
you an idea of how the questions on a particular subject might present
themselves in the exam.
An exam question on taxation, for example, may require that you do a
calculation, whereas for other topics you might be asked to select a sentence
that best describes a product, or a rule, or an organisation, etc. Some questions
ask you if a statement is true or false, others ask you to select the correct
answer from a choice of options and, occasionally, you will be asked which of
the four options is untrue or incorrect.
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The Study Guide will help you to learn not just the facts and figures that make
up the syllabus, but their context and relevance. It will help you to prepare for
the exam as you learn so that, however the question is presented or worded,
you select the right answer with confidence.
The Study Guide will be available to students via www.myifslearning.com
from August 2011.
Training courses the Institute of Financial Services does not formally
recognise any providers of training for regulatory qualifications. However, there
are external providers of training that offer varying types of training
programmes and some employers provide their own internal training. We
suggest that when considering an external course of any type, you research the
providers website and request testimonials from previous customers.
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Disclaimer
These learning materials have been designed by the
Institute of Financial Services to support students in
their studies and in particular to help them prepare for
their assessment(s). The assessments are based upon the
content and learning outcomes documented in the
award/module/unit syllabus, which is printed in full at the
front of the learning material. A copy of this syllabus can
also be obtained on request from the Institute FE Customer
and Student Services Team on +44 (0) 1227 818609
(option 1).
The learning materials have been prepared to cover the
requirements of this syllabus and a comprehensive
knowledge and understanding of the content of these
learning materials should allow students to be successful
in the assessment(s).
Because some of the topics within the syllabus are interrelated and the learning materials are written in a style
that is intended to explain concepts and engage the user
in active learning, there are occasional instances where it
is not possible to find a specific reference point to answer
each question. This is particularly true of questions
relating to case studies where the application of
knowledge is being tested.
Here, a candidates knowledge of all preceding modules is
relevant and consequently questions may relate to more
than one point in the learning materials.
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Introduction
Professional practice
Summary
Introduction
A career as a mortgage or financial adviser can be very lucrative and rewarding,
and there are plenty of opportunities for qualified individuals.The CeMAP and
CeFA qualifications are highly regarded, providing you with the knowledge
and understanding of the financial services industry that you need in order to
fulfil these roles effectively and to build yourself a reputation as a professional.
The Financial Conduct Authority (FCA) is the industry regulator whose
responsibility it is to set and maintain certain standards within the financial
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Professional practice
Twenty-five years ago, becoming a mortgage or financial adviser was easy
there were fewer companies offering financial services than there are now
and their products were less complicated. There was no requirement to pass
any exams and, being less financially aware than they are today, consumers
trusted their unqualified advisers with their hard-earned savings and entered
into long-term contracts with lenders and insurance companies on their
advice.
There was no requirement for the advisers to complete any kind of
documentation, other than the application or proposal form for the product
being sold and, with nobody looking over the advisers shoulder or questioning
the advice being given, many consumers found themselves with products they
didnt need, risky investments they thought were safe, premiums they couldnt
afford and penalty clauses that werent explained to them until it was too late.
As a result of the lack of regulation in the financial services industry, there were
a series of financial scandals in the 1980s and 1990s, not only involving bad
advice and mis-selling, but also relating to the financial soundness of the
product providers themselves. Consumers needed protection.
Regulation of the financial services industry began in earnest with the Financial
Services Act 1986 and has been reviewed and improved ever since. It is now
heavily influenced by the EU. What we have today is a financial services
environment that emphasises fairness, openness, honesty and integrity. The
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More importantly, though, and one of the main reasons why Module 1 is
positioned as the foundation module, is its vital role in teaching the principles
of giving advice.
You will need to have learned these principles before you study the final
module of either the CeMAP or CeFA qualifications, both of which are
intended to assess your understanding of the entire syllabus testing your
ability to apply the knowledge you have acquired from the previous modules
to a series of case study situations.
Success in the final module rests not only on your knowledge of the facts,
figures, products and procedures, but on your ability to assess the financial
needs of individuals in a given set of circumstances. You will be expected to
make product recommendations that satisfy not only their immediate financial
requirements, but which also provide for any foreseeable changes in their
personal and financial circumstances.
Making recommendations isnt just about learning the features of all the
available products you will need to take into account possible immediate and
future tax liabilities, eligibility for allowances and benefits, as well as the
personal preferences, beliefs, plans and aspirations of the client in question. A
persons income, rate of tax, age, marital status, loans, the age of their children
and even their hobbies can influence the type of products they should or
shouldnt buy. How all of these factors can influence the recommendations that
you make, and the information you need about the taxes and benefits that
affect your client, is contained in Module 1. This is why it is so important that
you take Module 1 first.
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products you are giving advice on, but of the industry as a whole. They read
newspapers, they talk to their friends, they browse the Internet, and their
interpretation of what they read or hear is often far removed from the actual
circumstances and intricacies.
They will have concerns, often borne out of previous experiences or those of
their parents, and they want to know that they are doing the right thing. You
are the one person to whom they are about to entrust their future financial
security, and that of their children, and that is a big responsibility. As their
adviser, you need to be able to give them answers they can trust; answers that
dont just reassure them, but that you can back up with facts.
The questions your clients will ask you will be more than just How much is that
going to cost? or What happens if interest rates go up? You are going to be
expected to know the answers to some very obscure questions, some
predictable, some not. But you can be sure that those who have worked
hardest for their money will give you the hardest time, and if you cant answer
their questions, or you provide inaccurate advice, they wont be your clients
for very long.
And that is why the UK Financial Regulation syllabus is so diverse to prepare
you for the questions you know they are going to ask, and those that you dont!
Below are a few examples of some of the more difficult topics, along with
instances of when knowledge of them will be of use to you in practice.
Example 1: Capital Adequacy and Basel II (UK Financial
Regulation, Unit 2, Section 1)
This section is primarily concerned with the Financial Services Authority and
how it regulates firms and individuals and their activities. Without a doubt you
will be able to see why it is important to learn the rules that apply to you as
an adviser (the rules that dictate how you become authorised, the rules that
tell you when you can and cannot contact a customer, the forms you must give
to them, etc), but it is less clear why you need to learn the rules that apply to
the banks and insurance companies themselves.
What is capital adequacy?
Capital adequacy is about making sure that credit institutions (banks and
building societies) maintain a minimum amount of financial capital (their own
money) to cover the risks to which they are exposed. For example, when a
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bank or building society makes a loan to a mortgage applicant, the funds come
from its depositors (savers). The depositors place their money in an account
with the bank or building society, which then lends the money out to its
borrowers. The interest that the borrowers pay to the building society is
usually higher than the interest that it pays to its depositors and, in crude
terms, the difference is the bank or building societys profit (less expenses of
course).
If a borrower fails to pay their loan back, it is not the depositors who lose out
they save with a bank or building society because it is a safe place to put their
money. The rules on capital adequacy require these credit institutions to put
some of their own money (profit, shareholder capital, etc) to one side to cover
such losses.
What is Basel II?
The Basel Committee on Banking Supervision decides how much of their own
funds credit institutions are required to set aside to cover risks such as the
non-repayment of loans. The minimum requirements were first introduced in
1988, under an agreement called the Basel Accord, and are expressed as a
percentage of the total amount a bank has outstanding in loans currently 8%.
But there is more than one type of loan some represent a greater risk to the
lender than others. Unsecured loans represent the highest risk because if the
borrower defaults, the lender does not have the right to seize their assets in
order to recover the debt. Loans secured on property (mortgages) represent
a smaller risk because, if the borrower defaults, the lender has the right to
repossess the property and dispose of it in order to get its money back. A
banks loans are broken down into categories and the higher the risk to the
lender, the more money they have to set aside to cover the risk of default.
The Basel Accord was superseded in 2007 under a new agreement called
Basel II, which ensures that credit institutions consider and make provision
not only for the losses they might incur because of bad debt, but also for any
losses that might result from operational problems (eg computer failure, staff
fraud, or even a lightning strike). Basel II also requires that stress tests be
carried out to make sure that the credit institutions would have sufficient
capital in certain circumstances, and that such information is disclosed so that
the risks to which a bank is exposed can be assessed.
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XXX
the accounts that each bank holds with the Bank of England in its function as
banker to the banks.
So you can tell your customer that, apart from inspecting each cheque to
ensure that it has the right signature, that the words and figures match, and that
it isnt out of date or stolen, this is why it takes three days for the funds to be
cleared.
Your next customer has been watching images on the TV of investors queuing
up and down the high street to withdraw their money because their bank has
suddenly found itself in financial difficulty. Your client needs reassurance that
their savings are safe with your institution, and that the same wont happen to
them.
Although the length of the queues was fuelled largely by panic and chinese
whispers, you can explain that the Bank of England, in its capacity as lender of
last resort, stepped in and made a loan to the bank concerned, not because it
had squandered its customers savings, but because its assets could not be
liquidated at such short notice to enable it to give all of its investors their
money back.
The run on the deposits of the Northern Rock, in late 2007, was not because
the bank had become insolvent, but because a higher than usual proportion of
its lending was funded through the wholesale market, explained in the next
example
Example 3: Retail and Wholesale Funding (UK Financial
Regulation, Unit 1, Section 1)
Traditionally, lending institutions (banks and building societies) attract deposits
from people with spare cash (the savers) and then lend that money out to
those who need it to buy houses (the borrowers). This is called retail funding
they use their retail branch network to attract both types of customer.
Wholesale funding is the process of raising money, not by attracting deposits
from savers, but by borrowing large sums of money from the wholesale
market, ie borrowing from other financial institutions (banks, consortiums,
companies, etc) to lend out to mortgage borrowers. Money raised on the
wholesale market is often cheaper because the sums involved are huge and
dont just come from UK sources. Some lending institutions do not have any
branches at all; they raise all of their mortgage funds in this way, attracting
borrowers through the Internet or operating through intermediaries.
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High street banks and building societies raise their mortgage funds using a
combination of retail and wholesale funding, although building societies are
restricted as to how much they can rely on the latter. Northern Rock, the bank
referred to in the previous example, relied heavily on the wholesale market to
fund its lending activities in fact the value of its deposits is dwarfed by the
total sum it has outstanding in mortgage loans.
But because the wholesale markets are global, the availability of funds to an
institution depends on the willingness of banks across the globe to lend to
them. In the UK and the US, repossessions are at an unusually high level,
causing panic and speculation, and many wholesale sources of funding are
drying up a credit crunch.
When a bank, whose business plan is heavily weighted towards the mortgage
market, is having difficulty raising money because it has chosen to rely on
wholesale funds rather than concentrate on attracting investments, it finds
itself short of liquid cash. And when the name of their bank hits the headlines,
no matter what the reason, the first thing people do is panic and withdraw
their money hence the queues.
When will you use this information?
A bank experiencing financial difficulties is rare a more regular and pertinent
example of when knowledge of mortgage funding will be invaluable to you is
when discussing mortgage options with your client, particularly when talking
about fixed- and capped-rate products.
As a general rule, high street banks and building societies use wholesale funding
to fund their current fixed- and capped-rate mortgage deals; their variable rate
mortgages coming from retail funds.
Fixed- and capped-rate deals are for a specific term: two years, three years, five
years, etc. What this means in simple terms is that the bank borrows a large
amount of money from the wholesale market at a fixed rate, over a fixed term.
It then lends that money out to its borrowers at a slightly higher fixed rate,
over the same term, giving the bank a guaranteed profit margin.When the bank
has lent out all of the money it borrowed, that particular deal is withdrawn
from the market.
So when you have a client who wants a mortgage and they are asking why the
fixed rate deal advertised in last weeks paper is no longer available, you can
give them a more satisfactory answer than Head Office said so.
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The syllabus for Module 1 contains many more subjects, the relevance of which
will not be immediately apparent to you, but as the above examples have
hopefully demonstrated, they are all in there for a reason.
Summary
Remember that you have chosen to follow a career in financial services.
Learning about how it all works and how to become a good adviser can be an
enlightening experience.
Passing these exams is an achievement to be proud of, something that will earn
you respect and give you enormous satisfaction, not to mention the financial
rewards once you are qualified. If you take the view that it is something to get
behind you as quickly as possible, you will not enjoy your studies and you will
be less likely to remember what you have learned.
Embrace this opportunity to broaden your knowledge.Take the time to absorb
the information so that when you take your exam, you do so with confidence.
Remember that the investment you put into UK Financial Regulation will pay
dividends when you study later modules.
Good Luck with your studies!
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2.
Some subjects are covered in more than one module. For example:
Mortgage Interest Rate Options and Mortgage Repayment Vehicles both
appear in UK Financial Regulation and Module 2 of CeMAP. UK Financial
Regulation introduces them in simple terms, whereas Module 2 goes into
more detail, assuming that you already have a basic understanding.
3.
4.
Research has shown that the pass rates are higher for those who studied
the modules in the right order than for those who didnt.
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What will it be like when you get the results slip and it says Pass?
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The answers to these questions should provide more motivation than simply
taking the exam because you have to. Passing an exam is a fantastic feeling: to
experience that feeling you will need to do some hard work to prepare yourself.
If ever you get to a point where you are struggling to understand something in
this study manual or wishing that you didnt have to take the exam at all, then go
back to the answers to those questions. Its also important to remember that
youll learn a lot that will stand you in good stead for your own life.
This section of the manual is designed to give you some guidance on how to
properly prepare yourself. Because none of this section forms part of the study
text, it may be tempting to skip it and just dive into the learning. Please dont.
There is an old saying: Failing to plan is planning to fail. Its true of many things
in life and is certainly true of preparing for exams so please read on.
To get yourself ready for the exam you will need to plan your approach, so
well consider several key aspects of planning in this section:
1.
other support;
It is suggested that you need between 40 and 60 hours of study time before
you take your UK Financial Regulation exam, but to give yourself the best
chance of passing first time, you should probably allow more time than this.
Due to the diversity of the syllabus, UK Financial Regulation does not lend
itself to crash courses or to cramming your study into solid blocks of time.
Little and often is the best approach. Considering that the CeMAP and
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To have some or all of these thoughts and feelings is quite common, and
perhaps even to be expected; but none of them will add anything to your
chances of passing the exam.
Although your thoughts and feelings will be very real to you, you should ask
yourself whether they are making it easier or more difficult to prepare for the
exam. Almost certainly they are not helping if so, do everything you can to
get rid of them.
As already mentioned, the most common reason why people fail this exam is
that they are inadequately prepared; in short they didnt do enough study. Lets
be realistic here: this is a professionally recognised exam, so it isnt something
youre going to pass by getting the notes out the day before and doing a couple
of hours reading. You will need to plan and carry out some committed study.
The following sections will give you some ideas as to how to approach this, but
your state of mind is the key. If you approach every study session and the exam
itself with a feeling of dread, believing it to be the worst experience in your life
then thats exactly what it will be! So ... always adopt a positive approach, and
never lose sight of the good things that will happen when you pass.
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the more you use and stimulate your brain, the easier you will find it to
take on new information.
Take a minute to reflect on the themes above and consider what they mean
for you. With regard to the third point above it may be worth remembering
that:
If you keep doing what you have always done then you will always get what
you always had.
So, if you have already sat and failed this exam, ask yourself: What can I learn
from that experience?. If you approach it this time in the same way as you
approached it last time, what do you expect to achieve that is different?
Ask yourself what positives you can take from sitting the exam before, and
what worked for you when you prepared yourself last time. Hold onto the
good things, and change anything that didnt help you.
Just reading the manual once is unlikely to be enough. You will probably need
to take notes as you work through the manual and, having gone through the
manual, you will then need time to revise the key points.
Ensure that you build in enough time to read through the whole manual,
acquire the basic knowledge and then revise. Reading through just once
is unlikely to be sufficient.
Decide what is your best time of day for studying; some people are
better in the mornings, others prefer to work late at night. Plan your
studies accordingly.
Look over the whole Manual and break it down into smaller chunks; use
these as milestones to mark your progress.
Aim to finish your revision two days before the examination; then, on
that last day youll have time to look through things one last time in a
more relaxed and confident frame of mind.
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t
Identify someone who can act as support to you as you study; for
example, there may be friends or colleagues who have passed the exam.
Their support and insight will be invaluable. If possible, arrange for
someone you know who has passed the exam to act as your mentor as
you study.
Build your plan so that you can continue doing your favourite things
while you work towards the exam. Study is not a punishment, and a
properly constructed plan should allow you do all the fun things you
would normally do, while working towards the exam.
make a set of key cards of themes and main topics you can easily study
these on a train or at a bus stop;
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Bite-sized chunks
When you look at the syllabus and the course manual for UK Financial
Regulation, it may well appear daunting at first glance. If you separate it into its
individual sections, some of which are only 10 to 15 pages long, you break it
down into a series of more manageable sections. Tackle each section one at a
time you might want to take the section you are studying out of the manual
and put it in a ring binder so that when you are making your own notes, you
can keep all of the relevant papers together.
When you sit down for a study session, maybe for one or two hours at a time,
having just one section in front of you instead of the whole manual gives you
a sense of accomplishment. It helps you to focus on one topic at a time,
without dwelling on those before and after it.
Read the section, and then read it again. Make notes in your own words that
help you to remember.When you are confident that you have learned all of the
information in that particular section, it is a good idea to make a list of all the
sub-headings for that section from the manual, close the book and write down
everything you can remember for each of those sub-headings.
For example: UK Financial Regulation, Unit 2, Section 5 contains a sub-heading
describing CAT Standards as they apply to mortgages. It explains what CAT
stands for and lists the restrictions that apply to the charges on CAT Standard
Mortgages, making them attractive to borrowers. Your notes may look
something like this:
CAT Standards Charges, Access, Terms
Variable rate max 2% above BofE base rate
Interest calculated on daily basis
No arrangement fees or early redemption charges for
variable rate
Max 150 arrangement fee and limit to early
redemption charges for fixed/capped rate
No Mortgage Indemnity Fees
Disclosure of other fees before signing
When you have completed the first three sections in this way, use your next
study session to review everything you have learned so far, and do the same
ifs School of Finance 2013
XLIII
UK financial regulation
when you have completed a couple more. When you have completed all of the
sections in UK Financial Regulation, you will have your own set of revision
notes that you can revise from when you are preparing for your exam.
Pick a time and place where you will not be disturbed as you study; there
is nothing more frustrating that having an interruption just as you are
about to grasp a complex point. Interruptions will happen, of course; its
not the end of the world when they do. Be flexible in your approach, and
re-plan when it does happen.
Make sure the environment is right; if its too hot you will feel drowsy,
too cold and it will be difficult to concentrate.
There is no hard and fast rule on listening to music while you study.
Some people find that their favourite music helps them to anchor what
they are learning, whilst for others its just distracting. Find out what
works for you.
At the start of each session of study, clarify in your mind what it is you
are studying today, how long you have allocated, and what you hope to
learn.
At the end of each session, take a few minutes to reflect on what you
have learned and note down the key points.
Have frequent breaks when you are working: studies suggest that
optimum concentration may only be achieved for 20 to 30 minutes, so
it is advisable to break your study up with a 10 or 15 minute break
between each session.
Having made a study plan, ensure that you review it frequently to ensure
that you are staying on target. If you fall behind the plan, being aware of
this at an early stage can allow you to take corrective action before it is
too late.
Reward yourself for making progress studying is never easy and there
are always more enjoyable things to do instead, so reward yourself along
the way if you have a good days study or reach a target.
XLIV
Stick to your plan: if you can make the study habitual it then becomes
less of a chore. Furthermore, working regularly is much more effective
than cramming just before the exam.
The more times you go over something the better your memory of the
information is likely to be, so dont expect to read something and learn
it all in one go.
Monitor your comprehension: you can only remember and fully use ideas
that you understand. Always check the logic behind ideas you are less
likely to remember something that doesnt seem logical or that you
dont agree with.
Manage your energy and workload. Make sure that you get enough sleep,
eat well and get plenty of exercise you will perform better in your
revision and in the examination if youre relaxed and have a clear mind.
ensure you have a good breakfast to ensure that your body is well
fuelled;
make sure you know where the examination centre is, where you can
park and how long it will take you to get there; you might want to
consider doing a dummy run of the journey in order to be certain of
timings;
try to arrive at least 15 minutes before the exam starts so that any
formalities can be taken care of without having to rush;
wear light, comfortable clothing so that you wont get too hot;
XLV
UK financial regulation
Remember that the examination tests the whole syllabus and each
question is a vital mark towards passing.
If you dont know the answer, narrow your choices by eliminating any of
the alternatives which you know are incorrect. If two options still look
plausible, compare each to the stem, making sure that the one you
eventually choose answers what is asked.
If you are unable to make a choice and need to spend more time on a
question, flag that question and move on to the next.
Avoid getting bogged down on one question part way through the exam.
It is much better to move on and finish all those questions that you can
answer and then come back later to the problematic questions.
Remember any questions you miss because you ran out of time will
be wasted opportunities to score more marks.
If you really are stuck on a question at the end of the examination, make
an educated guess at the answer the exam is not negatively marked so
you wont lose marks if you are wrong; its always better to give an
answer (even if its a guess) than not to answer at all.
UK Financial Regulation
Module 1 Syllabus
Learning Outcomes
Unit 1 Introduction to Financial Services
Environment and Products
On completion of this part of the module, candidates will be expected to:
Demonstrate an understanding of:
1
the main financial asset classes and their characteristics, covering past
performance, risk and return
the UK taxation and social security systems and how they affect personal
financial circumstances
the impact of inflation, interest rate volatility and other relevant socioeconomic factors on personal financial plans.
XLVII
UK financial regulation
the main aims and activities of the Financial Conduct Authority (FCA),
and its approach to ethical conduct by firms and individuals
how other non-tax laws and regulations impact upon firms and the
process of advising clients.
how the regulator's rules affect the control structures of firms and their
relationship with the FSA
the main features of the rules for dealing with complaints and
compensation
how the Data Protection Act 1998 affects the provision of financial advice
and the conduct of firms generally.
XLVIII
Detailed Syllabus
Key: K = Knowledge. U = Understanding. An = Analyse. As = Assess. A = Apply.
Outcome
Indicative Content
XLIX
UK financial regulation
3
U4.1 Budgeting
U4.2 Protection
U4.3 Borrowing and debt
U4.4 Investment and saving
U4.5 Retirement planning
U4.6 Estate planning
U4.7 Tax planning
UK financial regulation
Attainment
Level
Demonstrate
a knowledge
of:
Outcome
Indicative Content
K1.1
K1.2
K1.3
K1.4
K1.5
K1.6
K2.1
K2.2
K2.3
K2.4
K2.5
EU directives
K3.1
LII
U1.1
Authorisation of firms,
regulated activities &
regulated investments, firms status
U1.2
U1.3
U1.4
U1.5
U2.1
U2.2
U2.3
U3.1
U3.2
Types of client
U3.3
U3.4
U3.5
U3.6
Suitability of advice
U3.7
U3.8
U3.9
LIII
UK financial regulation
Demonstrate
an understanding of:
LIV
U4.1
U4.2
U4.3
U4.4
U4.5
Reporting procedures
U4.6
Training requirements
U4.7
Enforcement
U4.8
U5.1
U5.2
U5.3
U5.4
U5.5
U6.1
U6.2
U6.3
Unit 1
Introduction to the Financial Services
Environment and Products
Unit 1
Introduction to the financial services and
products
Section 1
Introduction
1.1
1.1.1 Intermediation
1.1.2 Risk management
1.1.3 Product sales intermediaries
5
6
6
1.2
Financial institutions
7
10
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13
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1.3
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Section 2
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Financial assets
Introduction
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2.1
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Deposits
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2.1.5.1
2.1.5.2
2.1.5.3
2.1.5.4
2.1.5.5
2.1.5.6
2.1.5.7
2.1.5.8
2.1.5.9
2.1.5.10
2.2
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.3
Direct Saver
Investment account
Income bonds
Guaranteed income bonds
Guaranteed growth bonds
Guaranteed equity bonds
Savings certificates
Premium bonds
Childrens bonds
Direct ISA
Fixed-interest securities
Government stocks
Local authority stocks
Permanent interest-bearing shares
Corporate bonds
Eurobonds
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2.4
Property
86
2.4.1 Taxation
2.4.2 Buy-to-let
2.4.2.1 Buy-to-let regulation
2.4.3 Commercial property
87
87
88
89
2.5
Commodities
90
2.6
Foreign exchange
91
2.7
Money-market instruments
92
93
93
94
99
3.1
Investments
99
3.2
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3.3
124
Insurance
125
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ifs School of Finance 2013
126
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149
3.4
Derivatives
150
3.5
Lending products
151
3.5.1 Mortgages
3.5.1.1 Definitions
3.5.1.2 Repayment mortgages
3.5.1.3 Interest-only mortgages
3.5.1.3.1 Endowment assurances
3.5.1.3.1.1 Low-cost endowment
3.5.1.3.1.2 Unit-linked endowment
3.5.1.3.1.3 Performance review
3.5.1.3.2 Pension mortgages
3.5.1.3.3 Individual Savings Accounts Mortgages
3.5.1.4 Mortgage interest options and other schemes
3.5.1.4.1 Variable rate
3.5.1.4.2 Discounted mortgage
3.5.1.4.3 Fixed rate
3.5.1.4.4 Capped rate
3.5.1.4.5 Base rate tracker mortgages
3.5.1.4.6 Flexible mortgages
3.5.1.4.6.1 Current account mortgage
3.5.1.4.6.2 Offset mortgage
3.5.1.4.7 Cashbacks
3.5.1.4.8 Low-start mortgage
3.5.1.4.9 Deferred interest
3.5.1.4.10 CAT-standard mortgages
[1] x
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3.6
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Pension products
3.6.1
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4.1
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4.2
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4.3
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Gathering information
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4.4
190
4.4.1
192
4.5
Recommending solutions
192
4.6
Implementing solutions
193
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193
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5.1
Budgeting
201
5.2
Protection
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5.3
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5.4
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5.4.1
5.4.2
5.4.3
5.4.4
5.4.5
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5.5
Retirement planning
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5.6
Estate planning
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5.7
Tax planning
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5.8
Regular reviews
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6.1
Legal persons
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6.2
222
6.2.1
Intestacy
223
6.3
224
6.4
Companies
225
6.5
Partnerships
226
6.5.1
226
6.6
Law of contract
227
6.7
Law of agency
230
6.8
Ownership of property
231
6.8.1
6.9
6.10
Joint ownership
Power of attorney
Insolvency and bankruptcy
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231
232
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234
234
Unit 1
Introduction to the financial services
environment and products
After studying this unit, you will be able to demonstrate an
understanding of:
t
the UK taxation and social security systems and how they affect
personal financial circumstances;
[1] 1
[1] 2
Section 1
The UK financial services industry
Introduction
Section 1 begins by providing a broad introduction to the functions of the
financial services industry and to the institutions that make up the industry.
The impact of the government on the development of financial services is now
greater than it has ever been: some aspects of the involvement of government
are considered in this section (ie taxation and social security). Regulation of the
industry is considered in Unit 2.
Section 1 covers parts 1 and 7 of the syllabus for Unit 1, ie the purpose and
structure of the industry and the taxation and social security systems.
[1] 3
Unit 1
some transactions make it virtually impossible for people today to match what
they have to offer against what others can supply to them.
What is needed is a separate commodity that people will accept in exchange
for any product, which forms a common denominator against which the value
of all products can be measured. These two important functions (defined
technically as being a medium of exchange and a unit of account
respectively) are carried out by the commodity we call money. In order to be
acceptable as a medium of exchange, money must have certain properties. In
particular it must be:
t
sufficient in quantity;
divisible into small units, so that transactions of all sizes can be precisely
carried out;
portable.
Money also acts as a store of value. In other words, it can be saved because
it can be used to separate transactions in time: money received today as
payment for work done or for goods sold can be stored in the knowledge that
it can be exchanged for goods or services later when required. To fulfil this
function, money must retain its exchange value or purchasing power and the
effect of inflation can, of course, adversely affect this function.
Notes and coins are legal tender, ie they have the backing of the government
and the central bank, but money comprises much more than cash. It includes
amounts held in current accounts and deposit accounts, and other forms of
investments.
The financial services industry exists largely to facilitate the use of money to
carry out these main functions. It oils the wheels of commerce and
government by channelling money from those who have a surplus, and wish to
lend it for a profit, to those who wish to borrow it, and are willing to pay for
the privilege (this is described in more detail in Section 1.1.1). Of course, the
financial organisations want to make a profit from providing this service and, in
the process of doing so, they provide the public with products and services
that offer, among other things, convenience (eg current accounts), means of
achieving otherwise difficult objectives (eg mortgages) and protection from
risk (eg insurance).
[1] 4
1.1.1 Intermediation
In any economy there are surplus and deficit sectors. The surplus sector
comprises those individuals and firms that are cash-rich, ie they own more
liquid funds than they currently wish to spend. These want to lend out their
surplus funds to earn money. The deficit sector comprises those who own
fewer liquid funds than they wish to spend. These are prepared to pay money
to anyone who will lend to them.
In this context, a financial intermediary is an institution that borrows
money from the surplus sector of the economy and lends it to the deficit
sector, paying a lower rate of interest to the person with the surplus and
charging a higher rate of interest to the person with the deficit. Banks and
building societies are the best-known examples. An intermediarys profit
margin is the difference between the two interest rates.
But why do the surplus and deficit sectors need the services of a financial
intermediary? Why can they not just find each other and cut out the
middlemans profit? Actually, there are some cases where this does happen and
this is known as disintermediation. Disintermediation is the process by
which lenders and borrowers interact directly rather than through an
intermediary. An example of disintermediation is when companies issue shares
to raise funds from the public.
There are, however, several reasons why both individuals and companies need
the services of the intermediaries. The four main reasons relate to the
following factors.
t
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Unit 1
t
[1] 6
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Unit 1
to the government, supervises the economy and regulates the supply of money.
In the United States, for example, these tasks are the responsibility of the US
central bank, which is known as the Federal Reserve. Within the Eurozone of
the European Union, the European Central Bank (ECB) acts as central bank for
those states that have accepted monetary union.
The Bank of England has a number of important roles within the UK economy.
Its main functions are as follows.
t
Banker to the banks: all the major banks have accounts with the Bank of
England for depositing or obtaining cash, settling clearing, and other
transactions. In this capacity, the Bank can wield considerable influence
over the rates of interest in various money markets, by changing the rate
of interest it charges to banks that borrow or the rate it gives to banks
that deposit.
Foreign exchange market: the Bank of England manages the UKs official
reserves of gold and foreign currencies on behalf of the Treasury.
[1] 8
The Bank of England was also formerly responsible for managing new issues of
gilt-edged securities. This function has now been transferred to the Debt
Management Office within the Treasury, in order to avoid conflicts of interest
that might arise from the Banks responsibility for setting interest rates. Gilt
edged securities, also known as gilts, are loans to the government. There are a
wide variety of loans on different terms and for varying periods, including some
with no fixed redemption date. These securities are called gilt-edged because
the government guarantees their income and redemption amounts.
In addition to the functions described above, the Bank of England was
previously charged with responsibility for the supervision and regulation of
those institutions that make up the banking sector in the UK. This
responsibility was transferred to the Financial Services Authority (FSA) in
1998, but the Chancellor of the Exchequer announced in June 2010 that the
FSA was to be discontinued.
The commencement of the Financial Services Act 2012 on 1 April 2013
implemented the Governments commitment to strengthen the financial
regulatory structure in the UK. The legislation delivered significant reform of
the current regulatory system, dividing responsibility for financial stability
between the Treasury, the Bank of England and the new conduct of business
regulator, the Financial Conduct Authority (FCA).
The new system gave the Bank of England macro-prudential responsibility for
oversight of the financial system and, through a new, operationally independent
subsidiary, for day-to-day prudential supervision of financial services firms
managing significant balance-sheet risk. The FSA was replaced by the FCA,
created to protect consumers, promote competition and ensure integrity in
markets.
The legislation implemented these reforms by:
t
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Unit 1
t
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Unit 1
the Financial Conduct Authority (FCA), and savers are protected through the
Financial Services Compensation Scheme.
Credit unions offer simple savings and loan facilities to members. Savers invest
cash in units of 1, with each unit buying a share in the credit union. Each share
pays an annual dividend, typically 23 per cent.The maximum rate of 8 per cent
for dividends was removed by the recent amendments to the Credit Union
Act, which also allows credit unions to accept deposits on which they pay
interest. These savings create a pool of money that can be lent to other
members; the loans typically have an interest rate of around 1 per cent of the
reducing balance each month (with a legal maximum of 2 per cent of the
reducing capital).
A unique feature of credit unions is that members savings and loan balances
are covered by life assurance. This means that any loan balance will be paid off
on death, and a lump sum equal to the savings held will also be paid, subject to
overall limits.
In order to compete in todays financial services marketplace, many credit
unions offer additional services, often in conjunction with partners, including
basic bank accounts, insurance services and mortgages.
Main changes brought about by the recent amendments to the Credit Union
Act include the following.
t
Credit unions no longer have to prove that all members have something
in common with each other, which means that they can provide services
to different groups of people, such as housing associations and
employees of a national company, even if some of the tenants/employees
live outside the geographical area that the credit union serves.
Credit unions can choose whether to offer ordinary shares (which are
paid up and bring all the benefits of credit union membership), or
deferred shares, which are only payable in special circumstances.
[1] 12
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Unit 1
margin. Libor rates are fixed daily and vary in maturity from overnight through
to one year.
LIBOR is an average interest calculated through submissions of interest rates
by major banks in London. Banks submit the actual interest rates they are
paying, or would expect to pay, for borrowing from other banks. LIBOR is
supposed to be the total assessment of the health of the financial system, and
the confidence felt by the banks as to the state of affairs at any one time is
reflected in the rates they submit but they must be true. In the summer of
2012, a series of fraudulent actions connected to LIBOR were uncovered
known as the LIBOR Scandal. The scandal arose when it was discovered that
banks were falsely inflating or deflating their rates so as to profit from trades,
or to give the impression that they were more creditworthy than they were.
In September 2012, the British Bankers Association said that it would transfer
oversight of LIBOR to the UK regulators, and this is in the pipeline. In the
meantime, a review of LIBOR was carried out by Martin Wheatley, the
Managing Director of the then regulator, the Financial Services Authority.
The review recommended that banks submitting rates to LIBOR must base
them on actual inter-bank deposit transactions, and not on expectations of
what rates should or are expected to be. It was also recommended that
banks keep records of the transactions the rates relate to and that their
LIBOR submissions be published. Criminal sanctions are recommended for any
form of rate manipulation (the full report can be viewed at
http://hm-treasury/wheatley_review.htm).
Building societies are also permitted to raise funds on the wholesale markets,
up to 50 per cent of their liabilities.
The distinction between retail and wholesale in financial services is much less
obvious than it used to be, with many institutions operating in both areas. The
terms are not part of the day-to-day terminology in other financial areas such
as life assurance, pensions and unit trusts, but the concepts are present in the
background.
Some organisations are clearly based at the wholesale end of the market,
notably product providers such as life assurance companies and unit trust
managers. Other organisations and individuals, such as insurance brokers and
financial advisers, are purely retailers of the products and services offered by
the providers. Product providers that sell direct to the public or through their
own dedicated sales forces are, in effect, operating in both a wholesale and
retail capacity.
[1] 14
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Unit 1
but the methods of withdrawing money are limited. Cash can be obtained with
a card from ATMs and from post offices. Payments can be made by direct debit
but no chequebooks are issued on these accounts and there is no overdraft
facility.
1.2.4.2 Clearing
At the very heart of money transmission services is the clearing process.
Clearing in the banking context refers to the process of settling between banks
the transfers of money outstanding as a result of customers use of cheques,
direct debits, debit cards and other means of money transfer. This happens at
the end of each business day. For instance, NatWest will need to pay to
Barclays a total sum in relation to cheques written by its customers and
banked by Barclays customers and of course exactly the same will be true
in reverse. As a result, a net figure will be due from one of the banks to the
other, and this is settled through accounts that the banks hold at the Bank of
England.
As a result of the development of more automated methods of fund transfer,
such as direct debits and debit cards, cheque volumes are falling and are
expected to continue to fall. Around five million cheques a day are issued in the
UK, less than half the amount 15 years ago. More than four times as many card
transactions as cheques are used daily, and it is estimated that by 2015 less than
3 per cent of all non-cash transactions will be by cheque. This trend has been
accelerated by the decision of many retailers, such as supermarkets and petrol
stations, to cease accepting payment by cheque. It has been suggested that
cheques as a form of money transfer may be withdrawn, possibly as soon as
2018.
Not all retail banks are clearing banks. Clearing banks are those that have
established their own clearing systems in conjunction with other clearing
banks. Those banks, and some building societies, that require payment systems
to be set up but do not have their own clearing service have to establish an
agency arrangement with one of the clearing banks.
Clearing services in the UK are co-ordinated by the UK Payments
Administration Ltd (formerly APACS), an association of major banks and
building societies that acts as the umbrella organisation for the UK payments
industry. It manages the major UK payment clearing systems through three
operational clearing companies:
[1] 17
Unit 1
t
In November 2007, the 2-4-6 clearing system was introduced. Funds from
deposited cheques start earning interest after two days, are available to
withdraw after four days, and cannot be reclaimed due to insufficient funds in
the drawers account after six days.
[1] 18
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Unit 1
Second level: the Acts of Parliament that set out what can and cannot
be done. Whenever reference is made to Acts of Parliament, it should be
borne in mind that the effects of the laws are often achieved through
subsidiary legislation known as statutory instruments which are
made pursuant to the Act. Examples of legislation that directly affect the
industry are the Financial Services and Markets Act 2000, the Banking
Act 1987 and the Building Societies Act 1997.
Third level: the regulatory bodies that monitor the regulations and
issue rules about how the requirements of the legislation are to be met
in practice. The main regulatory bodies are the Prudential Regulation
Authority (PRA) and the Financial Conduct Authority (FCA).
[1] 20
1.3.3 Taxation
Governments use taxation not only for the basic process of raising revenue but
also as a means of controlling the money supply. Here we will consider briefly
how the manipulation of the taxation regime can have an impact on the
financial services marketplace, before we review the main UK taxes. This
section will give an overview of the main UK taxes, together with some detail,
but it is not intended to equip its readers to give professional taxation advice.
Changes in taxation affect the market for financial services and products in two
main ways:
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Each year, following delivery of the Budget, a Finance Bill is published containing
the taxation proposals made in the Budget. When the Bill is approved by
Parliament and later becomes law, the new tax measures take effect at dates
provided in the legislation.
The new Act (a Bill that has gone through Parliament and has received Royal
Assent) becomes a part of the substantial body of legislation that forms the
basis of the rules relating to income tax and other taxes.
The main statute is the Income and Corporation Taxes Act 1988 but there are
other sources of tax law, both by way of statute and case law.
Tax is due from individuals on their income from employment (including
benefits in kind, such as company cars) and also on interest, dividends and
other income they receive from investment. All UK residents, including
children, may be subject to income tax, depending on the type and amount of
income they receive.
All residents, both children and adults, who are not income taxpayers, are
entitled to make a declaration (on form R85) that they do not pay tax. They
are then able to receive interest from certain deposits gross, without
deduction of tax at source.
The income of a child that arises from a settlement or arrangement made by
the parents, will normally be treated as the parents income for tax purposes.
If treated as the parents income, a childs unused allowances cannot be set
against this income.
Not all of the income that an individual receives is taxable. Examples of types
of income that are taxable and of those that are not are given below.
Income assessable to tax includes:
t
tips;
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Unit 1
t
redundancy payments and other compensation for loss of office (if total
receipts exceed 30,000, then the excess over 30,000 is assessable);
lottery prizes;
wedding presents and certain other presents from an employer that are
not given in return for ones services as an employee;
any scholarship or other educational grant that is received if one is a fulltime student at school, college, etc;
the capital part of a purchased life annuity (but not the interest portion);
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When all the relevant deductions have been made from a persons gross
income, what remains is their taxable income. This is the amount to which the
appropriate tax rate(s) is applied in order to calculate the tax due.
ifs School of Finance 2013
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Unit 1
Income tax rates and the bands of income to which they apply are reviewed
by the government each year. Any changes are announced in the Budget and
included in the subsequent Finance Act.
In the 2013/14 tax year, the tax rate on earned income is 20 per cent (basic
rate) on the first 32,010 of taxable income, 40 per cent (higher rate) on
taxable income between 32,011 and 150,000, and 45 per cent (additional
rate) on income above 150,000. For investment income (eg deposit account
interest), there will continue to be an initial lower rate band of 10 per cent up
to 2,790, with the basic rate (20 per cent) applying above 2,790 and up to
32,010 the higher rate (40 per cent) between 32,011 and 150,000 and the
additional rate above 150,000. However, if an individuals non-savings taxable
income is above 2,790, then the 10 per cent savings rate does not apply.
For most forms of investment income, tax is normally deducted at source. This
applies, for example, to interest on bank and building society deposit accounts
and to ordinary shares. In the case of deposit accounts, non-taxpayers can
choose to receive their interest without deduction of tax by signing an
appropriate declaration. Since many depositors pay basic rate income tax,
interest rates are often quoted net, ie after deduction of 20 per cent tax. The
true gross rate can be calculated by dividing the net rate by 0.8, so, for
example, a net rate of 3 per cent is equivalent to a gross rate of 3.75 per cent.
Higher-rate taxpayers will have to pay a further 20 per cent of the grossed-up
interest through their tax returns or tax coding (and additional-rate taxpayers
a further 25 per cent).
A different system applies to share dividends, which are received net of a
nominal 10 per cent tax. This is deemed to satisfy the income tax payable by
lower-rate taxpayers and also basic-rate taxpayers, who have no more to pay.
In this case, the gross dividend can be calculated by dividing the net dividend
by 0.9, so that if a shareholder receives a net dividend of 100, say, the
equivalent gross dividend is 111.11. In this case, a higher-rate taxpayer has to
pay a further 22.5 per cent of the grossed-up dividend, making an unusual total
higher rate of 32.5 per cent on share dividends. The additional rate (above
150,000) is 37.5 per cent. In the case of share dividends, non-taxpayers are
not able to reclaim the 10 per cent tax deducted at source.
The method of collection of income tax from employment depends on the
nature of a persons work.
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1.3.3.2.2 Employees
Employees pay income tax under the pay-as-you-earn (PAYE) system, under
which the amount of tax due is calculated by their employers using tables
supplied by HM Revenue & Customs (HMRC), deducted from their wages or
salary and passed on by their employers to HMRC. In order to deduct the right
amount of tax, the employer is supplied with a tax code number for each
employee: the tax code is related to the amount of free pay for the employee,
including allowances, exemptions and adjustments for fringe benefits and for
amounts overpaid or underpaid from previous years.
A P60 is issued to each employee by the employer in April each year. This
shows, for the previous tax year, total tax deducted, National Insurance
Contributions and the final tax code.
On leaving an employer, an employee should be provided with a form P45
showing:
t
name;
district reference;
code number;
A copy is sent to HMRC. The P45 provides the new employer with all the
information they require to complete a new tax deductions working sheet for
the employee.
1.3.3.2.3 Self-employed persons
Self-employed persons (including partners in a business partnership) pay
income tax directly to HM Revenue & Customs (HMRC) on the basis of a
declaration of net profits calculated from their accounts. Net profits for a selfemployed person are broadly the equivalent of the gross income of an
employee, ie they are the amount on which income tax is based. They are
calculated by taking the total turnover of the business and deducting allowable
business expenses and capital allowances.
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Unit 1
Income Tax (Earnings and Pensions) Act 2003. This covers income
that previously fell under Schedule E income from employment,
pensions and taxable social security benefits.
Income Tax (Trading and Other Income) Act 2005. This covers
income that previously fell under the other schedules, in particular:
Part 2: Trading income, ie income from self-employment that
previously fell under Schedule D Cases I and II;
Part 3: Income from property (previously Schedule A);
Part 4: Income from savings and investment, including interest,
previously under Schedule D Case III, and dividends, previously under
Schedule F.
Although the legislative source of the rules has changed, the way in which tax
is calculated is unchanged.
1.3.3.2.5 Income taxed at source
Whenever possible, HM Revenue & Customs collects income tax at source, ie
from the person who makes the payment, not the recipient. Tax is usually
deducted at the basic rate and any further liability at the higher rate will be
collected by direct assessment on the taxpayer.
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[1] 29
Unit 1
The net result for the investor is that all benefits coming out of a life fund are
deemed to have already borne tax at 20 per cent and for the basic-rate
taxpayer there is no further liability. There may, however, be a tax liability for a
higher-rate taxpayer, amounting to 20 per cent of the gain (ie higher-rate tax
of 40 per cent less the 20 per cent already paid), or 25 per cent of the gain (ie
additional-rate tax of 45 per cent less the 20 per cent already paid).
This additional tax liability can only arise if the policy is non-qualifying. Qualifying
policies do not suffer any additional tax. Broadly speaking, in order to be a
qualifying policy, a policy must meet the following rules.
t
Premiums in any one year must not exceed twice the premiums in any
other year or one-eighth of the total premiums payable.
The sum payable on death must be at least equal to 75 per cent of the
total premiums payable.
2.
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able to deduct certain expenses if they can show they were incurred
wholly, exclusively and necessarily while doing their job. Contributions to
a pension scheme can be set against tax and, in the case of occupational
schemes, this is done by deducting contributions from gross salary. The
tax relief for other pension arrangements such as stakeholder pensions
and free-standing AVCs is, however, obtained by deduction from the
contributions before they are paid, so these are not deducted from
income.
3.
4.
The resultant figure is known as the taxable income and the current tax
rates are applied to the appropriate bands of income, as described earlier.
Example 1
A married man aged 30 receives 20,000 (gross) building
society interest, and no other income, in the 2013/14 tax year.
He has a personal allowance of 9,440.
Gross income
20,000
Personal allowance
9,440
Taxable income
10,560
279
7,770 @ 20%
1,554
1,833
[1] 31
Unit 1
Example 2
A single woman aged 40 earns 50,000 (gross) pa in the
2013/14 tax year. She has no other income. She is employed
and has a personal allowance of 9,440.
Gross income
50,000
Personal allowance
9,440
Taxable income
40,560
6,402
8,550 at 40% =
3,420
9,822
[1] 32
[1] 33
Unit 1
t
costs of purchase can be added to the purchase price and selling costs
can be deducted from the sale price;
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capital gains made prior to 31 March 1982 are not taxed so, for an asset
acquired before that date, its value on that date must be substituted for
the actual purchase price.
When the amount of the gain has been calculated, deduct the annual CGT
allowance (if this has not been used against other gains in the same tax year).
Then deduct any losses that can be offset against the gain. What remains is the
taxable gain.
For basic-rate taxpayers, the taxable gain is subject to 18 per cent tax; for
higher rate and additional rate taxpayers the rate is 28 per cent.
A lower rate of 10 per cent is applied to the first 10m of cumulative gains
arising from the disposal of trading businesses and from certain disposals of
shares in trading companies. This is commonly known as entrepreneurs
relief. In order to claim this relief, the individual must own at least 5 per cent
of the ordinary share capital of the business, which enables them to exercise
at least 5 per cent of the voting rights in that company. Most property letting
businesses do not qualify for this relief.
Example
Vanessa, a basic-rate taxpayer, bought units in a unit trust for
50,000 in May 2007 and sold them for 80,000 in June 2012. At
the same time she sold some shares for 10,000 that she had
bought for 12,000.
What capital gains tax will she pay?
Gain on unit trust
30,000
10,900
2,000
Taxable gain
17,100
Tax @ 18%
3,078
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Unit 1
One constant source of complaint about the capital gains tax regime is that
CGT is due on the whole gain in the year in which the gain is realised, even
where that gain has actually been made over a longer period. This means that
only one annual exemption can be set against what may be many years worth
of gain. In the past, some holders of shares and unit trusts sought to minimise
the effect of this by selling their holding each year and repurchasing it the
following day, thus realising a smaller gain that could be covered by that years
exemption. This was known as bed and breakfasting, but the government
effectively outlawed the process in the 1998 Budget. Since then, any shares and
unit trusts that are sold and repurchased within a 30-day period are treated,
for CGT purposes, as if those two related transactions had not taken place.
1.3.3.4.2 Roll-over relief
Business assets are chargeable to CGT. If the assets disposed of are replaced
by other business assets, however, roll-over relief may be claimed. This means
that, instead of CGT falling due on the original disposal, it is deferred until a
final disposal is made.
The replacement asset must be bought within a period of one year before and
three years after the sale of the original asset.
Relief can be claimed up to the lower of either the gain or the amount
reinvested.
1.3.3.4.3 Hold-over relief
Similarly, CGT on any gain arising on the gift of certain assets can normally be
deferred until the recipient disposes of it.
Gains may be wholly or partly passed on to the recipient in the case of gifts
(or sale at under value) of the following broad categories of assets:
t
assets used by the donor in their trade or the trade of their family
company or group;
[1] 36
[1] 37
Unit 1
seven years) exceeds the nil-rate band, inheritance tax becomes due. The gifts
are offset against the nil-rate band first and, if there is any nil-rate band left, this
is offset against the remainder of the estate, the balance being subject to tax
at 40 per cent. If the value of the gifts alone exceeds the nil-rate band, the
portion of the gifts that exceeds the threshold is taxed at 40 per cent along
with the remainder of the estate (although the amount of tax on the gifts is
scaled down by tapering relief over the final four years of the seven to 80
per cent, 60 per cent, 40 per cent and 20 per cent of the maximum tax in the
fourth, fifth, sixth and seventh years respectively.
Some lifetime gifts notably those to companies, other organisations and
certain trusts are not PETs but chargeable lifetime transfers, on which
tax at a reduced rate of 20 per cent is immediately due. This lifetime tax is
only payable if the value of the chargeable lifetime transfer, when added to the
cumulative total of chargeable lifetime transfers over the previous seven years,
exceeds the nil-rate band at the time the transfer is made. As with PETs, the
full tax is due if the donor dies within seven years (subject to the same tapering
relief) and any excess over the 20 per cent already paid then becomes payable.
There are a number of important exemptions from inheritance tax:
t
transfers between spouses and between civil partners both during their
lifetime and on death;
small gifts of up to 250 (cash or value) per recipient in each tax year;
gifts that are made on a regular basis out of income and which do not
affect the donors standard of living;
up to 3,000 per tax year for gifts not covered by other exemptions. Any
part of this 3,000 that is not used in a given tax year can be carried
forward for one year, but no further.
[1] 38
the fact that the firms goods or services are more expensive to
customers (by the amount of the VAT that the firm must charge);
[1] 39
Unit 1
t
Stamp duty reserve tax: the rate of stamp duty on securities is 1.5
per cent of the market value for bearer instruments and 0.5 per cent of
market value for shares. From 13 March 2008, transactions that result in
a stamp duty (certificated shares) reserve tax charge of 5 or less are
exempt. Bearer instruments are financial instruments, such as bonds, on
which the name of the owner is not recorded. Possession of the
certificate is the only proof of ownership, and title passes by physical
delivery to a new owner.
Stamp duty land tax (SDLT): the rate of stamp duty on property
depends on the purchase price:
there is no stamp duty on purchases of up to 125,000 (or 150,000
in certain designated disadvantaged areas).
between 125,001 and 250,000, stamp duty is 1 per cent of the
whole purchase price;
between 250,001 and 500,000, it is 3 per cent of the whole
purchase price;
between 500,001 and 1m it is 4 per cent of the whole purchase
price;
between 1,000,001 and 2m it is 5 per cent of the whole purchase
price (residential only);
above 2m it is 7 per cent of the whole purchase price (residential
only);
above 2m it is 15 per cent of the whole purchase price for certain
types of purchasers, including corporate bodies.
(Until 24 March 2012, first-time buyers benefited from 0 per cent stamp duty
up to 250,000.)
1.3.3.7.1 Stamp Duty Land Tax relief for zero-carbon homes
Until 30 September 2012, there was a relief from Stamp Duty Land Tax (SDLT)
when a zero-carbon home was bought for the first time. Zero-carbon homes
had to meet certain requirements for generating the energy needed for things
like heating and cooking.
In order to qualify for relief, a zero-carbon home certificate for the home had
to be issued by an accredited assessor.
[1] 40
If the property met the conditions and cost 500,000 or less then, then there
was no SDLT to pay. Properties costing more than 500,000 benefitted from a
maximum reduction of 15,000 in the amount of SDLT payable.
Relief for zero-carbon homes ended on 30 September 2012.
1.3.3.7.2 Stamp Duty Land Tax relief for multiple purchases
From July 2011, relief is available where a transaction or a number of linked
transactions includes freehold or leasehold interests in more than one
property.
In this case, SDLT is charged on the average value of the properties being
purchased.
For example, if five houses are purchased for a total cost of 1m, the average
price per property is 200,000. SDLT on a purchase price of 200,000 is
charged at one per cent. The amount of SDLT due in this case would be one
per cent of 1m, which is 10,000.
However, the minimum rate of tax under this relief is one per cent, even if the
average value of multiple properties purchased in one transaction is less than
125,000.
1.3.3.8 Corporation tax
Corporation tax is paid by limited companies on their profits. It is also payable
by clubs, societies and associations, by trade associations and housing
associations, and by co-operatives. It is not, however, paid by either
conventional business partnerships or limited liability partnerships, or by selfemployed individuals: these are all subject to income tax.
Companies are taxed on all their profits arising in a given accounting period,
which is normally their financial year. The definition of profits includes:
t
capital gains;
interest on deposits.
[1] 41
Unit 1
Rate
0 to 300,000
20%
Marginal rate
300,001 to 1.5m
Main rate
Over 1.5m
23%
For companies with profits up to 1.5m, corporation tax is normally due nine
months after the end of the relevant accounting period. For those with profits
over 1.5m, corporation tax is due in quarterly instalments beginning
approximately halfway through the accounting period.
1.3.3.9 Withholding tax
The phrase withholding tax refers to any tax on income that is levied at
source before that income is received. So, technically, income tax paid by UK
employees is a withholding tax.
However, the phrase is normally understood to apply to tax that is levied, in a
particular country, on income received in that country by non-residents of that
country; this could be earned income or investment income. The aim is to
ensure that the income does not leave the country without being taxed. In the
UK, for example, withholding tax of 20 per cent is levied on the earnings of
non-resident entertainers and professional sportspeople. The UK has double
taxation agreements with over 100 other countries to prevent the same
income from being taxed twice.
[1] 42
[1] 43
Unit 1
Both types of policy try to influence the level of aggregate demand in the
economy and therefore the level of output, unemployment and prices.
1.3.4.1 Monetary policy
Several decades ago, monetary policy generally took second place to fiscal
policy because governments believed that fiscal policy was the best way of
making large adjustments to demand. Monetary policy was felt to be suitable
only for fine-tuning. Since 1979, however, monetary policy has become the
most important means of controlling the economy.
Monetary policy is based on the ideas of the monetarist school and particularly
on those of the American economist Milton Friedman (19122006). Monetary
economists believe that inflation is caused by an increase in the money supply.
Broadly speaking, they conclude that, since most of the growth in the money
supply is caused by an increase in credit creation by banks, a government that
wants to control the growth of the money supply must control the amount of
credit creation carried out by banks. A common way to do this is by
manipulating interest rates, which in turn influences the demand for credit by
customers.
Other methods can be used and have been used in the past. For example,
banks can be restricted on the amount they can lend, or borrowers can be
required to provide a minimum cash deposit when borrowing to make a
purchase. None of these is currently in use in the UK, where the favoured
method is the manipulation of interest rates. The Monetary Policy Committee
(MPC) of the Bank of England decides on the rate of interest at which the Bank
of England will lend to banks and other financial institutions (the repo rate,
commonly known as the base rate), and it is this official rate that determines
all the other interest rates charged to borrowers and paid to lenders.
ifs School of Finance 2013
[1] 45
Unit 1
The MPC meets every month to decide whether or not to change interest
rates and, if so, in what direction and by how much. It announces its decision
immediately after the meeting and publishes the minutes of the meeting two
weeks later. The Treasury retains the right to give instructions to the Bank of
England regarding its monetary policy in extreme economic circumstances;
otherwise the Bank acts independently of the government.
1.3.4.1.1 The impact of interest rate changes
When the Monetary Policy Committee (MPC) decides to change its interest
rate, the effect is that all banks and similar deposit-takers have to follow suit
and alter the interest rates at which they lend and borrow by something close
to the same amount.
This means that banks base rates are inevitably variable because they follow
the rate of the Bank of England, which is adjusted as necessary to implement
the monetary policy used to control the UKs economy. However, in the
difficult financial conditions since 2007, bank interest rates (particularly rates
charged to borrowers) have not followed the Bank of England base rates as
closely as they did in more stable times.
Until fairly recently, most loan interest rates, including mortgage rates, were
variable rates. A major disadvantage of variable rates, particularly in relation to
a large transaction such as a mortgage, is that it is difficult for the borrower,
whose income does not vary in the same way, to budget for likely future
expenses. Sudden large rate increases can lead to borrowers being unable to
make their mortgage repayments and, in the worst cases, some borrowers may
even lose their homes if the lender has to take possession.
With the development of a large and active wholesale money market, it is now
possible for lenders to obtain large amounts of money at fixed rates, which
they can in turn lend out to their mortgage borrowers and others. Fixed-rate
mortgages in the UK still tend to be fixed only for a short initial period, with
the rate reverting to the variable rate for the remainder of the term. Longerterm fixed rates are available in many other European countries and it has been
suggested that a greater use of long-term fixed rates in the UK would assist in
stabilising the sometimes very volatile British housing market. Fixed-rate
mortgages do have their own disadvantages, however, not least of which is the
danger that a borrower will lose out if the variable rate falls and they are
locked into a higher fixed rate. There is normally a penalty for paying off the
mortgage within the fixed-rate period, in order to protect the lender. There
[1] 46
may also be an arrangement fee, charged by the lender for reserving sufficient
funds at the fixed rate.
1.3.4.2 Fiscal policy
Fiscal policy (which is sometimes called budgetary policy) involves influencing
the money supply and the overall level of economic activity, including
consumption and investment, by manipulating the finances of the public sector
(which comprises the central government, local authorities and public
corporations).
The public sector has a responsibility to provide certain services that are of
national or regional importance, such as education, healthcare and transport.
To pay for these services, the government must raise funds from the private
sector, ie from individuals and firms, in the form of direct and indirect taxes.
Because the public sector is responsible for taking a large amount of money
from the private sector and for making large amounts of expenditure on its
behalf, any changes in either side of the account and thus in the balance have a
significant effect on the economy as a whole. There are three general
outcomes:
t
a budget deficit, where the amount of money put back is more than
that taken out (the difference being the amount borrowed) the overall
effect is expansionary in terms of employment and also inflationary in
terms of the money supply.
A government that has a deficit must borrow to finance it. The Public Sector
Net Cash Requirement (PSNCR) is a cash measure of the public sectors
short-term net financing requirement.
The central economic goal of the UK government is to achieve high and
sustainable levels of growth and employment. Fiscal policy is directed towards
maintaining sound public finances over the medium term, based on strict rules,
[1] 47
Unit 1
and towards supporting monetary policy where possible over the economic
cycle. The government has specified two key fiscal rules:
t
the so-called golden rule: over the economic cycle, the government
will borrow only to invest and not to fund current spending this rule
has proved impossible to maintain in the financial turmoil since 2007;
The government outlines its fiscal policy in the annual Budget statement made
by the Chancellor of the Exchequer, normally in March. The statement includes
revenue plans (including taxation of individuals and companies) and the
governments planned expenditure. At least three months prior to the Budget,
the government publishes a Pre-Budget Report that allows it to consult the
public on specific policy initiatives.
Monetary policy acts on the economy as a whole, currently through changes
in the general level of interest rates. Although fiscal policy can have an overall
macroeconomic effect on the level of activity in the economy, it also has
microeconomic effects and can be targeted to particular areas of the economy.
For example, tax incentives can be given to manufacturing industries to boost
employment in what is a declining sector or government grants can be given
to firms that move to relatively underdeveloped geographical areas.
In practice, however, fiscal policy and monetary policy are not applied in
isolation but are closely linked, and governments generally use a combination
of the two.
Social Security benefits can affect the need for protection. The amount of
additional cover needed by a client can be quantified as the difference
between the level of income or capital required and the level of cover
already existing. Existing provision includes not only any private
[1] 48
insurances that the client already has, but also any state benefits to which
they or their dependants would be entitled.
2.
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Unit 1
People with children can claim Working Tax Credit if they are aged 16 or over
and work at least 16 hours a week.
Those without children can claim Working Tax Credit if:
t
they are aged 16 or over and work at least 16 hours a week and have a
disability which puts them at a disadvantage in getting a job; or
have capital and savings of less than 16,000. All savings below 6,000 are
ignored; if they have savings of between 6,000 and 16,000 then they
are assumed to have 1 per week of income for every 250 above
6,000, and this is deducted from their income support payments;
are working 16 hours a week or less (but people with a disability who
work more than 16 hours a week may still be able to get Income
Support);
The rules relating to Income Support are complex, and only a brief outline of
them can be given here. The range of people who can claim Income Support
includes those who are: aged 60 or over; single parents; sick or disabled;
looking after a disabled or elderly person; unemployed; only able to work parttime.
[1] 50
1.3.5.1.2.1
They must be capable of actively seeking and available for work, normally
for at least 40 hours per week.
They must be out of work or working less than 16 hours per week.
[1] 51
Unit 1
t
They must have signed a Jobseekers Agreement, which sets out the
steps they must take to look for work.
She must have worked for the same employer, without a break, for at
least 26 weeks including (and ending with) the 15th week before the
baby is due known as the qualifying week.
Maternity Allowance is paid at a lower rate than SMP but, unlike SMP, it is not
subject to tax or NICs on the amount paid.
A standard rate of Maternity Allowance is payable to those whose earnings
exceed the lower earnings limit. For those who earn less than the limit but
above the minimum threshold for a claim to be made, an amount equal to 90
per cent of average earnings will be paid.
Contrary to popular belief, Maternity Allowance is not a benefit available to all
women who become pregnant, whether or not they have been working. There
are restrictions on who can claim.
Like SMP, Maternity Allowance is payable for a maximum of 39 weeks. The
earliest it can begin is 11 weeks before the baby is due and the latest is when
the baby is born.
1.3.5.2.3 Child Benefit
Child Benefit is a tax-free benefit available to parents and others who are
responsible for bringing up a child. It does not depend on having paid NICs. It
is not affected by receipt of any other benefits.
From 7 January 2013, Child Benefit is means-tested in the form of an income
tax charge. The charge applies at a rate of 1 per cent of the full Child Benefit
award for each 100 of net income of the highest households earning above
50,000 and up to 60,000. The charge on taxpayers with net income above
60,000 is equal to the amount of Child Benefit paid, ie the charge cancels out
the benefit.
Child Benefit is available for each child under age 16. It can continue up to and
including age 19 if the child is in full-time education or on an approved training
programme. A higher rate is paid in respect of the eldest child and a lower rate
in respect of every other child.
1.3.5.2.4 Child Tax Credit
Child Tax Credit is designed mainly to help parents on low incomes but people
earning as much as 40,000 per year can be eligible. It brings together the child
elements of Income Support, Jobseekers Allowance and the Disabled Persons
Tax Credit and is payable in addition to the entitlement to Child Benefit. The
parent does not have to be working to claim Child Tax Credit.
ifs School of Finance 2013
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Unit 1
Child Tax Credit is paid directly to the person who is mainly responsible for
caring for the child. Payment is made in respect of each child until 1 September
following their 16th birthday or up to their 20th birthday if the child is:
t
[1] 54
The right to receive Incapacity Benefit depends on having paid sufficient Class
1 or Class 2 NICs. Those who have not paid sufficient NICs may be able to get
Income Support.
Incapacity Benefit has three different levels of benefit, which apply in different
circumstances.The lowest rate is not subject to income tax, but the two higher
rates are taxable. The rates are:
t
[1] 55
Unit 1
During this 13-week assessment period a lower benefit rate is payable. After
this period, those who can carry out a work-related activity will receive an
increase. People whose condition causes very severe limitation of their ability,
and who are not able to engage in any work-related activity, will get a higher
rate of benefit.
1.3.5.3.4 Attendance Allowance
Attendance Allowance is a benefit for people aged 65 or above needing help
with personal care as a result of sickness or disability.This benefit is not meanstested and it does not depend on having paid NICs.
There are two levels of benefit: a lower rate for people who need help with
personal care by day or by night and a higher rate for those who need help
both by day and by night.
1.3.5.3.5 Disability Living Allowance
Disability Living Allowance (DLA) is a tax-free benefit for people who need
help with personal care and/or need help getting around. It can only be
received by people whose disability claim began before age 65 but, once
granted, it can continue beyond age 65.
To be eligible for DLA, a person must have needed help for a qualifying period
of three months and must be expected to need help for a further six months.
The qualifying period is waived for people who are not expected to live for six
months.
There are two components to DLA and claimants may receive either or both:
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satisfy this test for a period of at least 9 months after claiming. The claimant
doesnt have to wait 3 months from the date of their claim before receiving PIP
as the qualifying period starts from when their eligibility needs arise, not from
the date the claim is made, Claimants will not be able to claim PIP once they
reach 65, but will be able to stay on PIP if they claimed or received it prior to
reaching 65.
Like DLA, PIP consists of two components:
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Daily living component at the standard rate (53.00 April 2013) if the
claimant has limited ability to carry out daily living activities, and at the
enhanced rate (79.15 April 2013) if the claimant has a severely limited
ability to carry out daily living activities.
If the claimant has a terminal illness (death is expected within 6 months), they
will automatically receive the enhanced rates.
The change is being introduced on a phased basis starting with new claims for
PIP in Merseyside, north-west England, Cumbria, Cheshire and parts of northeast England. From June 2013, the government expects to take new claims for
PIP in all parts of the country.
For existing DLA claimants, PIP is being introduced in stages over a number of
years. From October 2013 individuals will be invited to claim PIP if they:
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reach the end of an existing award of DLA and havent already received
a DLA renewal letter; or
are approaching the age of 16, unless they are terminally ill.
From October 2015, all individuals receiving DLA will be invited to claim PIP.
The contact process is expected to be completed by late 2017.
1.3.5.3.6 Carers Allowance
The government recognises that support is also needed for carers, ie people
who give up a large part of their time and possibly their jobs in order to
look after someone who is seriously ill or severely disabled. Carers
Allowance (CA) is a benefit for people who are caring for a severely disabled
person; they do not have to be a relative of the patient in order to qualify.
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The right to receive CA does not depend on having paid NICs. The benefit is
a flat rate, with possible additions for a partner or children. It is taxable and
must be declared on tax returns.
The following criteria must be met.
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Income support
Housing benefit
October 2013 to April 2014 new claimants for the benefits that
Universal Credit replaces will be awarded Universal Credit instead, and
existing claimants will move onto Universal Credit when a significant
change in circumstances is reported (changes such as starting a new job,
having a baby, etc.). This is called natural migration;
April 2014 to the end of 2015 those existing claimants who will benefit
most from the switch, and who have not already switched to Universal
Credit through natural migration, will be moved to the new benefit in a
process known as managed migration. New claims and natural
migration will continue;
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Carers Allowance
Child Benefit
Maternity Allowance
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2.
3.
4.
5.
Karen was born in the United States while her mother, Laura (born and
bred in England), was working there on a two-year assignment. Her father
was American but he and Laura never married, and she returned to
England with Karen. What is Karens domicile?
6.
7.
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8.
9.
How much Stamp Duty Land Tax is payable by a woman who sells her
house for 395,000?
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Answers
1.
2.
3.
4.
5.
Her domicile of origin is the domicile of her mother at the date of her
birth (not the domicile of the father, since they were not married). This is
probably UK domicile, although we dont know for certain without
knowing more about Lauras parents.
6.
7.
8.
20 per cent.
9.
None. Stamp Duty Land Tax (like all forms of stamp duty) is paid by the
purchaser.
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Section 2
Financial assets
Introduction
Few people today hold their financial wealth in cash. While we still sometimes
read of people with large quantities of notes and coins stored in their homes,
this is increasingly rare. At the very least they generally keep their money
mainly in bank and building society accounts. Many people have wealth stored
in the form of property, such as houses or works of art.
When people have more money than they need to spend immediately, they
tend to invest it with a view to making a profit, thus becoming part of the chain
of intermediation described in Section 1.1.1.
Section 2 looks at a range of what might be described as direct investments
distinct from indirect investments in financial assets (eg collective investments
such as unit trusts), which are covered in Section 3.
Section 2 covers part 2 of the syllabus for Unit 1. The assets covered in Section 2
are deposit-type investments, fixed-interest securities such as gilts and corporate
bonds, shares (and other forms of corporate financing) and property. We describe
the nature of each type of asset, with its features and benefits, its advantages and
drawbacks, and how it is affected by taxation of income and capital gains.
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2.1 Deposits
Deposit-based investments are those in which the capital element is fixed
but the income from the investment may vary.
Investors place money in deposit-based savings accounts for a number of
reasons. Some consider their capital to be secure. In one respect this is true,
ie the amount of capital invested remains intact, but inflation reduces the value
of capital and, in times of high inflation, the value of their deposits can quickly
be eroded in real terms.
There is also the risk of loss of capital if the institution becomes insolvent. This
is rare with banks and building societies, but is not unknown. In the event of
insolvency, investors may be able to reclaim some of their funds through the
Financial Services Compensation Scheme.
The convenience of the ready accessibility of banks and building societies is a
strong reason for investors to deposit money with them; it is believed that, to
some extent, inertia inhibits an investors search for a more rewarding home
for their deposits.
If the reason for saving or investing money is for a short-term purpose (eg next
years holiday or a new car) then few would argue that a deposit-based savings
account is a sensible place in which to invest the money. It is prudent to have
a part of an investment portfolio that is easily accessible in, for example, a nonotice deposit account; this is often referred to as money put by for a rainy
day. Institutional investors maintain a part of each of their funds in readily
accessible form.
deposit accounts;
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Notice accounts have no fixed term but, as the name implies, there is
a requirement on the investor to give an agreed period of notice of
withdrawal. Similarly, the bank must normally give the investor the same
period of notice of a change in interest rate. A typical period of notice
could be anything from seven days to six months, although 12-month
notice periods are available.
Money-market deposit accounts may be suitable for individuals with very large
amounts of cash to place on short-term deposit until they commit the cash to
other purposes.
See also Section 2.7 (money-market instruments).
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ordinary share accounts offer instant access without penalty but pay
a lower interest rate than notice accounts;
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Direct ISA
short-dated gilts: also known as shorts, these are gilts with less than
five years to run before redemption;
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long-dated gilts: also known as longs, these are gilts with over 15 years
to run before redemption;
The above definitions come from the financial press. The UK Debt
Management Office, which issues gilts, defines short and medium gilts as
follows:
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Index-linked gilts are gilts where the interest payments and the capital value
move in line with inflation. The redemption value and the interest paid are
therefore index-linked. For the investor this means that the purchasing power
of their capital and interest received will remain constant, unlike all other fixedinterest stock where inflation erodes the purchasing power of fixed-interest
payments.
A gilt-edged stock with a coupon of 5 per cent and a redemption date in 2021
might be designated as Treasury 5% 2021.
Interest on gilts is normally paid half-yearly, so the holder of 10,000 nominal
of Treasury 5% 2021 would receive 250 in interest every six months. The
interest is paid gross, but is subject to income tax at the investors highest rate.
Gilts cannot be redeemed by investors prior to the redemption date but can
be sold to other investors. The price at which they are sold depends on a
number of factors: the level of market rates of interest; nearness to the
redemption date; supply and demand.
Gilt prices are quoted either cum dividend or ex dividend. If a stock is bought
cum dividend, the buyer acquires the stock itself and the entitlement to the
next interest payment. If, however, the stock is bought ex dividend, then while
the buyer acquires the stock itself, the forthcoming interest payment will be
payable to the previous owner of the stock (ie the seller).
Any capital gains made on the sale of gilts are entirely free of capital gains tax
(CGT).
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Example
A higher-rate taxpayer buys 100,000 par value of Treasury 5%
2019 at a price of 80.0, ie he pays 80,000 for the stock.
He receives annual interest of 5,000 (actually 2,500 per half
year), which represents a yield of 6.25% on his investment of
80,000.
The interest is paid gross but he must pay tax of 40% on it,
leaving him with net annual interest of 3,000.
Later he sells the stock for 90,000. There is no capital gains tax
to pay on his gain of 10,000.
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2.2.5 Eurobonds
A Eurobond is a bond issued or traded in a country using a currency other
than the one in which the bond is denominated. This means that the bond uses
a currency, but operates outside the jurisdiction of the central bank that issues
that currency. Eurobonds are issued by multinational organisations and
governments. For example, a UK company may issue a Eurobond in Germany,
denominating it in US dollars. It is important to note that the term has nothing
to do with the euro currency, and the prefix euro is used more generally to
refer to deposits outside the jurisdiction of the domestic central bank.
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The rights attaching to shares of the same class can sometimes differ from
company to company, even though the shares normally have the same major
characteristics. It is therefore prudent for investors to find out precisely what
rights attach to a particular share. These rights are given in the companys
Articles of Association, which is a public document and can be examined at the
registered office of the company or at Companies House.
Direct investment in shares is considered to be high risk because the failure of
the company can result in the loss of all the capital invested. This risk can be
mitigated by investing across a range of shares and the products available to
facilitate this (such as unit trusts and investment trusts) are described in
Section 3.2.
The prices at which shares are traded depend on a range of factors, including:
t
In the short term, share prices can fluctuate both up and down sometimes
quite spectacularly but in the long term, investment in equities and equitylinked markets has outpaced inflation and has provided higher growth than
deposit-type investments.
2.3.1.1 Buying and selling shares
The Stock Exchange has been Londons market for stocks and shares for
hundreds of years. Government stock, share capital and loan capital, overseas
shares and options are all traded on this market.
There are two markets for shares: the main market (for which full listing is
required) and the Alternative Investment Market.
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the applicant company must have been trading for at least three years;
at least 25 per cent of its issued share capital must be in the hands of
the public.
The London Stock Exchange, like most stock markets, is both a primary and
secondary market. The primary market is where companies and financial
organisations can raise finance by selling securities to investors.They will either
be coming to the market for the first time, through the process of going public
or flotation or issuing more shares to the market. The main advantages of
listing include greater ease with which shares can be bought or sold, and the
greater ease with which companies can raise additional funds. The secondary
market which is much bigger in terms of the number of securities traded
each day is where investors buy and sell existing securities.
2.3.1.1.2 Alternative Investment Market
The Alternative Investment Market (AIM), which started in 1995, is an
additional, separate market on the London Stock Exchange. It is mainly
intended for new, small companies with the potential for growth.
Its purpose is to enable suitable companies to raise capital by issuing shares
and it allows those shares to be traded. In addition to the benefit of access to
public finance, companies will enjoy a wider public audience and enhance their
profiles by joining the AIM.
Rules for joining the AIM are fewer and less rigorous than those for joining the
official list (the main market) and were designed with smaller companies in
mind.
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investment banks and other large organisations that facilitate the issue
of new securities;
banks and other traders that issue, buy or sell shares or derivatives;
investors who wish to invest their money this includes individuals and
financial institutions, such as life insurance companies and pension funds.
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Earnings per share: this is equal to the companys net profit divided
by the number of shares, but it is not normally the amount of dividend
to which a shareholder is entitled on each of their shares.This is because
a company may choose not to distribute all of its profits: some profits
may be retained in the business to finance expansion, for instance. This
in turn leads to the concept of dividend cover.
Price/earnings ratio (P/E ratio): as its name suggests, the P/E ratio is
calculated as the share price divided by the earnings per share. It is
generally considered to be a useful guide to a shares growth prospects:
a ratio of 20 or more, for example, indicates that a share is doing well
and can be expected to increase in value in the future. Such a share is
likely, as a result, to be relatively more expensive than others within the
same market sector. A low ratio less than about 4 indicates that the
market feels that the share has poor prospects of growth.
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Example
t
Gains realised on the sale of shares are subject to capital gains tax (CGT),
although investors may be able to offset the gain against their annual CGT
exemption allowance.
2.3.1.4 Ex-dividend
Dividends are usually paid half-yearly. Because of the administration involved in
ensuring that all shareholders receive their dividends on time, the payment
process has to begin some weeks before the dividend dates. A snapshot of the
list of shareholders is made at that point, and anyone who purchases shares
between then and the dividend date will not receive the next dividend (which
will be paid to the previous owner of the shares). During that period, the shares
are said to be ex-dividend (or xd). The share price would normally be expected
to fall by approximately the dividend amount on the day it becomes xd.
2.3.1.5 Share indices
The Stock Exchange Daily Official List gives the closing prices of all listed
securities on the previous day. The Financial Times and other newspapers
produce daily lists of the share prices of most companies, making it easy to
check up-to-date share prices.
It is possible to measure the overall performance of shares by using one or
more of the various indices that are produced. These include
t
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FTSE All-Share Index: this is an index of around 900 shares, split into
sectors. It measures price movements and shows a variety of yields and
ratios as well as a total return on the shares.
company. Traditionally they were issued in a form that effectively made them a
loan (with a lower rate of interest than conventional debt because of the right
to convert to equity) but, in recent years, they have been increasingly issued as
convertible preference shares.
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The risk inherent in these types of debt is related to the viability of the issuing
company, its prospects and strength. Loan stocks have a greater level of risk
than debentures because they do not have the backing of security.
2.4 Property
In broad terms, investment in real estate falls into three categories:
t
residential property;
agricultural property;
The vast majority of investors will only ever be involved in residential property.
For most people this does not extend beyond the purchase of their own
home, although an increasing number of people are buying residential
properties specifically as an investment. The significant fall in property values in
2008 and the continuing uncertainty in the market have been a timely reminder
that property can prove to be a risky investment in the short term.
Property investment has a number of benefits and advantages, including the
following.
t
rents (and therefore capital values) tend to move with money values and
consequently provide a good hedge against inflation.
On the other hand, there are a number of pitfalls and disadvantages of which
inexperienced investors in particular should be made aware, including the
following.
t
There is the risk of being unable to find suitable tenants or that tenants
will prove to be unsuitable.
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Investment costs tend to be high and can include management fees, legal
charges and stamp duty.
2.4.1 Taxation
Income from property, after deduction of allowable expenses, is subject to
income tax. It is treated as earned income for tax purposes. On the disposal
of investment property, any gain will be liable to capital gains tax (CGT); but
any capital expenditure on enhancement of the propertys value can be offset
against taxable gains.
2.4.2 Buy-to-let
Despite some dramatic falls from time to time, the overall trend in UK house
prices over the last 30 years has been strongly upwards. The early 2000s saw
dramatic rises in the price of property in the UK. One unfortunate
consequence of this is that young people and other first-time buyers now find
it difficult to afford to purchase a property, especially in the south-east of
England, which has seen significant increases. In times of economic downturn,
this effect is worsened by an uncertain job market that makes it difficult for
people to commit to large mortgages.
The situation can be eased if there is a reasonable supply of good quality
properties to rent but traditionally the UK has had a shortage of private rental
property particularly compared to most other European countries, for
instance. There are a number of reasons for this, including the following.
t
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t
Gross rents for buy-to-let properties are typically 125150 per cent of the
monthly mortgage payments. There are of course other costs, such as agents
commission/fees, insurance and maintenance costs.
Rental income is subject to income tax but the cost of insurance, agents fees,
maintenance etc can be offset as a deduction against tax. The initial cost of
furniture, fixtures and fittings cannot be deducted, but a wear-and-tear
allowance of 10 per cent per year may be allowed.
2.4.2.1 Buy-to-let regulation
Buy-to-let mortgages are treated as commercial loans and not regulated by the
FCA. In December 2009, the Treasury published Mortgage regulation: a
consultation, which proposed that buy-to-let mortgages should be regulated by
the FSA. On 26 March 2010 the Treasury published Mortgage regulation:
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offices;
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regular rent reviews, with typically no more than five years between
each;
the higher average value means that spreading the risk is more difficult;
Lenders often carry out detailed investigations before lending for the purchase
of commercial property, checking on:
t
2.5 Commodities
Commodities have been traded for thousands of years, particularly metals
(such as silver and gold) and foodstuffs (including wheat and other grain crops).
In modern times the concept of a commodity has been broadened
considerably and now includes, for instance, electricity, timber and even future
royalties on music and other artistic work.
For the modern investor, commodities offer a number of opportunities, both
directly and indirectly. Investment in precious metals, particularly gold, is
available even to small investors through the sale, by various governments, of
gold coins such as South African krugerrands.
A lot of trade in commodities is carried out through the medium of forward
contracts, ie binding agreements made under which one party must sell and the
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As with gilts, Treasury bills are considered to be very low-risk securities, the
risk of default by the borrower (the UK government) being so low as to be
effectively zero.
Because they are such short-term securities, changes in market rates of
interest have little impact on the day-to-day prices of Treasury bills unless the
changes are significantly large.
Throughout their term, Treasury bills can be bought and sold, and there is a
strong secondary market, provided mainly by banking organisations as there is
no centralised marketplace. The price tends to rise steadily from the issue
price to the redemption value over the 91-day period, but prices can also be
affected by significant interest rate changes, or by supply and demand.
Treasury bills are purchased in large amounts, and they are not, therefore,
generally of interest to small private investors. They are held in the main by
large organisations (particularly financial institutions) seeking secure shortterm investment for cash that is temporarily surplus to requirements.
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at a fixed rate of interest. The interest is paid with the return of the capital at
the end of the term.
Certificates of deposit are bearer securities, which means that repayment on
the specified terms will be made to the bearer of the certificate on the
maturity date. So, if the depositor needs money before the end of the term,
the certificate can be sold to a third party.
Banks may also hold CDs issued by other banks, and they can issue and hold
CDs to balance their liquidity positions. For example, a bank would issue CDs
maturing at a time of expected liquidity surplus, and hold CDs maturing at a
time of expected deficit.
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2.
3.
Give two reasons why offshore investments may be more risky than
similar onshore products.
4.
What is the minimum age at which a person can take out a National
Savings and Investments Direct Saver?
(a) 11.
(b) 16.
(c) 18.
5.
6.
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7.
8.
9.
What change of attitude by lenders led to the establishment of the buyto-let market?
10. What type of tenancy agreement would normally be used for a buy-to-let
property?
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Answers
1.
Apart from the small chance of a bank or building society failing, the
capital is secure, but the real value of the capital will be eroded by
inflation. The amount of interest could fall on variable interest accounts.
2.
(c) 20%.
3.
4.
(b)16.
5.
6.
False. It relates the share price to the earnings (net profits) per share.
Profits are not necessarily all distributed as dividends.
7.
8.
9.
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Section 3
Financial products
Introduction
This section contains a review of the main products designed to help
customers to solve their financial problems and to meet their financial needs
and objectives.
Here we concentrate on packaged products supplied by product providers
such as banks, insurance companies and investment managers. The products
considered include collective investments, derivatives, life assurance, general
insurance, mortgages and other loans, and pension policies.
Section 3 covers the topics listed in part 3 of the syllabus for Unit 1, ie the
main financial services product types and their functions.
3.1 Investments
The main forms of direct investment, ie cash, current and deposit accounts,
fixed interest stocks, shares and property, are described in Section 2.
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t
Many funds are based on more than one categorisation, eg a UK equity fund.
Most companies also offer one or more managed funds. This is an
unfortunate choice of name, since it seems to imply that other funds are not
managed. Nevertheless, the name has become accepted as applying to the type
of fund where its managers sometimes invest appropriate proportions in a
range of the companys other funds to meet the managed funds objectives.
Most managed funds are middle-of-the-road in terms of risk profile, and are
often chosen by people seeking steady market-related growth in situations
where risk of loss needs to be kept to a minimum, such as pension provision
or mortgage repayment.
A further categorisation is possible: into funds that aim to produce a high level
of income (perhaps with modest capital growth); those that aim for capital
growth at the expense of income; and those that seek a balance between
growth and income.
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unit trusts;
investment trusts;
Although they may appear broadly similar to the unsophisticated investor, they
are in fact very different, both in the way they operate and in the taxation
treatment of both the fund managers and the investors.
The manager is obliged, under the terms of the trust deed, to buy back units
from investors who wish to sell them, and will generate profit from charging
management fees and dealing in the units.
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The trustees have a policing role to ensure that the manager complies with the
terms of the trust deed. The role of trustee is often carried out by an
institution such as a clearing bank or life company.
3.2.1.3 Authorisation of unit trusts
Unit trusts are primarily regulated in the UK under the terms of the Financial
Services and Markets Act 2000, and have to be authorised by the Financial
Conduct Authority (FCA).
3.2.1.4 Pricing of units
To price the fund, the manager will calculate the total value of trust assets,
allowing for an appropriate level of costs, and then divide this by the number
of units that have been issued. The prices at which units are bought and sold
are calculated by the managers on a daily basis using a method specified in the
trust deed. The unit prices are directly related to the value of the underlying
securities that make up the fund.
There are three important prices in relation to unit trust transactions:
t
the offer price is the price at which investors buy units from the
managers;
the bid price is the price at which the managers will buy back units
from investors who wish to cash in all, or part, of their unit-holding;
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the cancellation price is the minimum permitted bid price, taking into
account the full costs of buying and selling. At times when there are both
buyers and sellers of units, the bid price is generally above this minimum
level, since costs are reduced because underlying assets do not need to
be traded.
Many unit trusts still use bid and offer prices, with the difference between them
(known as the bid offer spread) being of the order of 5 per cent or 6 per
cent. Some unit-trust managers, however, are moving to a single-price system
because they believe that this is better understood by investors. In this case,
they may impose an exit charge if units are sold within, say, three or five years
of purchase.
3.2.1.4.1 Historic and forward pricing
A significant change in the pricing of units took place in 1988. Prior to that
time, clients bought or sold at prices determined before the start of the dealing
period typically the previous days valuation. (If a funds daily valuation takes
place, for example, at noon, the dealing period is from midday on one day to
midday on the following working day.) This system, known as historic pricing,
is now considered unacceptable because prices clearly do not reflect what is
happening in the market: an investor might telephone for a price and complete
a purchase, just before the newly calculated daily price is published, knowing
that the market has risen in the meantime.
Concern about historic pricing led to the introduction of the system known as
forward pricing, which is now standard practice for unitised funds. Under
forward pricing, clients buy or sell in a given dealing period at the prices that
will be determined at the end of the dealing period. The prices published in the
financial press are therefore only a guide to investors, who do not know the
actual price at which their deal will be made.
Fund managers are still permitted to use historic pricing if they wish, subject
to the proviso that they must switch to forward pricing if an underlying market
in which the trust is invested has moved by more than 2 per cent in either
direction since the last valuation.
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the contract note: this specifies the fund, the number of units, the unit
price and the amount paid. It is important because it gives the purchase
price, which will be needed for capital gains tax (CGT) purposes when
the units are sold;
the unit certificate: this specifies the fund and the number of units
held, and is the proof of ownership of the units.
In order to sell some or all of the units, the unit-holder signs the form of
renunciation on the reverse of the unit certificate and returns it to the
managers. If only part of the holding is to be sold, a new certificate for the
remaining units is issued.
3.2.1.5 Charges
There are two types of charges applied to unit trusts:
t
the initial charge will cover the costs of purchasing fund assets.The initial
charge is typically covered by the bid-offer spread;
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Starting rate and basic rate taxpayers need take no further action
because the 10 per cent tax already deducted is deemed to satisfy their
tax liability on the income.
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starting-rate taxpayers can reclaim half the tax deducted (ie they are
only liable to tax at 10 per cent and therefore can reclaim 10 per cent);
higher-rate taxpayers must pay a further 20 per cent of the gross income
and additional-rate taxpayers would pay a further 25 per cent on top of
the basic liability.
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Fund managers are exempt from tax on capital gains, but investors are subject
to capital gains tax on the sale of their investment trust shares.
3.2.2.2 Split-capital investment trusts
Sometimes known as split-level trusts or simply as splits, split-capital
investment trusts are fixed-term investment trusts offering two or more
different types of share.The most common forms of share offered by split-level
investment trusts are:
t
capital shares, which receive no income but which when the trust is
wound up at the end of the fixed term share all the capital growth
remaining after fixed capital requirements have been met.
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No individual shareholder can hold more than 10 per cent of the shares.
Single-property REITs are only be allowed in special cases such as, for
example, a shopping centre with a large number of tenants.
They can be held in ISAs, child trust funds and self-invested personal
pensions.
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ensure that the share price reflects the underlying net asset value of the
OEICs investments.
The range of OEICs is similar to that of unit trusts. OEICs are available that
offer: income; capital growth; fixed interest; access to overseas markets; access
to specialist markets (eg commodities, technology or healthcare); index
tracking.
3.2.3.2 Investing in an OEIC
As with unit trusts and investment trusts, investments can be made either by
lump sum, regular contribution or a combination of both.
Investors buy shares in the OEIC. The number of shares that are available is
unlimited so the OEIC is, as the name would suggest, open-ended like a unit
trust, rather than closed-ended like an investment trust.The value of the shares
vary according to the market value of the companys underlying investments.
An OEIC may be structured as an umbrella company that is made up of
several sub-funds. Different types of share can be made available within each
sub-fund.
3.2.3.3 Pricing of OEIC shares
The basic procedure for establishing the share price is the same as that for
determining the unit price in a unit trust: the total value of OEIC assets is
established and then divided by the number of shares currently in issue.
There are, however, some differences in pricing when OEICs are compared to
unit trusts. OEIC shares have only one price, not a separate bid and offer price
as for units in a unit trust.
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3.2.3.4 Charges
As already mentioned, OEIC shares are single-priced so there is no bid offer
spread. An OEIC will levy an initial charge, however, normally in the region
of 3 per cent to 6 per cent of the value of the individuals investment.
Annual management charges based on the value of the fund are also
deducted, normally from the income that the OEIC generates. The range of
annual management charges is typically between 0.5 per cent for indexed funds
and 2 per cent for more actively managed funds.
Other administration costs may also be deducted from the income that is
generated.
3.2.3.5 Taxation of OEICs
The tax treatment of OEICs is exactly the same as that for unit trusts and
investment trusts.
Any dividend distribution will be paid net of tax at 10 per cent and:
t
higher-rate taxpayers must pay a further 22.5 per cent of the gross
dividend (27.5 per cent over 150,000).
The fund managers are not subject to tax on capital gains, although a liability
to CGT may arise for the investor when the OEIC is encashed. The amount of
any CGT liability can be mitigated by use of the annual exemption.
3.2.3.6 Risks
The risks associated with investing in an OEIC are similar to those of investing
in a unit trust. As a pooled investment employing the services of professional
investment managers, the degree of risk is lower than direct equity investment.
Risk is also mitigated by the spread that can be achieved for a relatively small
investment. There is, however, no guarantee of the maintenance of the original
capital invested or the level of income that will be generated.
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stocks and shares (or equity) ISAs: this component can include:
shares and corporate bonds issued by companies listed on stock
exchanges anywhere in the world;
gilt-edged securities and similar stocks issued by governments of
countries in the EEA;
UK-authorised unit trusts that invest in shares and securities;
UK open-ended investment companies (OEICs);
UK investment trusts;
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Terminal bonuses: these are bonuses that may be added to a withprofit policy when a death or maturity claim becomes payable. Unlike
reversionary bonuses, a terminal bonus does not become part of the
policy benefits until the moment of a death or maturity claim, thus
allowing the company to change the terminal bonus rate or even
remove the terminal bonus altogether. Terminal bonuses are intended to
reflect the level of investment gains that the company has made over the
term of the policy, so the rate of bonus often varies according to the
length of time that the policy has been in force. In the current climate of
reduced stock market values, many companies have reduced the level of
their terminal bonuses.
The FCA requires life companies that carry on with-profits business to publish
a document (called the Principles and Practices of Financial Management
PPFM) that sets out how a firm manages its with-profits business. Each year the
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insurance company has to certify to the FCA that their with-profits funds have
been managed in accordance with the PPFM. With-profits companies must also
produce a customer-friendly version of the PPFM (CFPPFM) explaining the
main PPFM document in clear and non-technical language.
3.2.7.1.3 Unit-linked endowment
The first unit-linked endowments were issued in the late 1950s and
represented a revolutionary change in the way in which policies were designed.
The development reflected the desire of many policyholders to link investment
returns more directly to the stock market, or even to specific sectors of the
market.
Unit-linked endowments work on the basis that, when a premium is paid, the
amount of the premium less any deductions for expenses is applied to the
purchase of units in a chosen fund. A pool of units gradually builds up and, at
the maturity date, the policyholder receives an amount equal to the total value
of all units then allocated to the policy. Most unit-linked endowments also
provide a fixed benefit on death before the end of the term. The cost of
providing this life cover is taken from the policy each month by cashing in
sufficient units from the pool of units.
Over the longer term, the most successful unit-linked endowments have
shown better returns than with-profit endowments. Unlike with-profit
endowments, however, unit-linked policies do not provide any guaranteed
minimum return at maturity; they are, therefore, a good illustration of the
maxim that greater potential return generally goes hand-in-hand with the
acceptance of greater risk.
3.2.7.1.4 Unitised with-profit endowments
Unitised with-profit endowments have been available since the late 1980s,
when they were introduced in an attempt to combine the security of the withprofit policy with the greater potential for reward offered by the unit-linked
approach. As with unit-linking, premiums are used to purchase units in a fund
and the benefits paid out on a claim depend on the number of units allocated
and the then-current price of units.
The difference from a standard unit-linked policy lies in the fact that unit prices
increase by the addition of bonuses which, like the reversionary bonuses on a
with-profit policy, cannot be taken away once they have been added.This means
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that unit prices cannot fall and the value of the policy, if it is held until death or
maturity, is guaranteed. If the policy is surrendered (ie cashed in before its
maturity date), however, a deduction is made from the value of the units. This
deduction, the size of which depends on market conditions at the time of the
surrender, is known as a market value adjustment (MVA).
3.2.7.2 Investment bonds
Investment bonds are collective investment vehicles based on unitised funds.
Because of the unitised structure of their funds, they may appear similar to unit
trusts, but they are actually very different.
Investment bonds are available from life assurance companies and are set up as
single-premium unit-linked whole-of-life assurance policies. Investing in a bond
is achieved by paying the single (lump sum) premium to the life company. The
investor then receives a policy document that shows that the premium has
purchased (at the offer price) a certain number of units in a chosen fund and
that those units have been allocated to the policy. In order to cash in the
investment, the policyholder accepts the surrender value of the policy, which
is equal to the value of all the units allocated, based on the bid price on the day
when it is surrendered.
Investors are attracted by the relative ease of investment and surrender, by the
simplicity of the documentation and also by the ease of switching from one
fund to another: companies generally permit switches between their own
funds without charging the difference between bid and offer prices.
The range of available funds is similar to those offered by unit trusts and
investment trusts. In addition, some companies offer with-profits investment
bonds, in which premiums are invested in a unitised with-profits fund (see
Section 3.2.7.1.4). If a with-profits bond is cashed in within a specified period
after commencement (typically five years), the amount received is likely to be
less than the value of the units.
In the event of the death of the life assured, the policy ceases and a slightly
enhanced value (often 101 per cent of the bid value on the date of death) is
paid out.
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3.2.7.2.1 Taxation
The funds in which the premiums are invested are internal life company funds
and their tax treatment is different from that of unit trusts. In particular, they
attract tax at 20 per cent on capital gains (whereas unit trust funds are
exempt) and this tax is not recoverable by investors even if they themselves
have a personal exemption from capital gains tax. The taxation system for
policy proceeds in the hands of the policyholder is complex but, broadly
speaking, because gains have been taxed at 20 per cent within the fund, tax on
the gain is payable only by higher rate taxpayers, and then only at 20 per cent
the excess of the higher rate over the 20 per cent already deemed to have
been paid within the fund. This is because investment bonds are non-qualifying
policies (see Section 1.3.3.2.7).
Unlike investment trusts and unit trusts, investment bonds do not normally
provide income in the form of dividends or distributions, but it is possible to
derive a form of income from them by making small regular withdrawals of
capital (by cashing in some of the units allocated to the policy.). These
withdrawals are tax-free to basic rate taxpayers, and even higher rate taxpayers
can withdraw up to 5 per cent of the original investment each year without
incurring an immediate tax liability. This 5 per cent allowance can, if not used,
be carried forward and accumulated up to an amount of 100 per cent of the
original investment.
Unlike investment trusts and unit trusts, investment bonds do not normally
provide income in the form of dividends or distributions, but it is possible to
derive a form of income from them by making regular withdrawals of up to 5
per cent of the original investment each year (by cashing in some of the units
allocated to the policy) without incurring an immediate tax liability. This 5 per
cent allowance can, if not used, be carried forward and accumulated up to an
amount of 100 per cent of the original investment.
These withdrawals are tax-deferred and on maturity, death or encashment of
the bond, a tax liability may arise and this is determined by top slicing. Top
slicing is a term that refers to the way of determining what tax is due for UK
residents by calculating the average return over the term of the bond so that
the whole gain is not taken into consideration in one year.
If the planholder is a higher rate or additional rate taxpayer in the tax year a
plan is surrendered, the gain (ie the surrender value + withdrawals, less original
purchase money) will be subject to tax.
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1.
2.
This gain is divided by the number of complete years the investment has
been in force.
3.
4.
The average gain is added to the planholders taxable income in the year
of surrender
5.
There is a tax liability if the combined taxable income and average gain
(after Personal Allowance) takes the planholder from a 20 per cent
taxpayer into the 40 per cent rate. In this instance 20 per cent tax would
be payable on the income in excess of the higher rate tax band.
If the taxable income plus average gain straddles the additional rate tax
band then 20 per cent tax will be payable on the income that falls within
the 40 per cent band and a further 25 per cent on the income in excess
of the additional rate band.
6.
The proportion of any gain above the preceding tax band is the
investment bonds taxable slice referred to as the Top Slice.
7.
The top slice is multiplied by the complete years the investment has been
in force to give the taxable gain.
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If the childs family is eligible for the full Child Tax Credit (see Section
1.3.5.2.4), the initial payment was increased to 500. This was reduced
to 100 from 1 August 2010 and withdrawn on 1 January 2011.
The parent or carer then used the voucher to open a CTF account with
a CTF provider. The voucher can be used only to open a CTF. The
account remains in force until the childs 18th birthday, at which point
the child has access to the money in the account and can use it for any
purpose they wish.There is no access to this money (or any added later)
before the childs 18th birthday.
The parent remains responsible for the CTF until the child is 16, after
which the child can manage their own account.
Parents had 12 months in which to choose the type of account and the
provider. If the voucher had not been used by the parents to open an
account within 12 months of issue, a stakeholder account was
automatically opened by HM Revenue & Customs on behalf of the child.
Neither the parent nor the child will be subject to tax on income or
capital gains from the CTF. There is, however, no tax relief on any
amounts invested into the CTF.
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A Junior ISA must be taken out by the childs parent (or other adult with
legal responsibility for the child), but anyone can contribute to it. Unlike
the CTF, there will be no contributions from the government.
JISAs allow investment in stocks and shares, cash or both, with an overall
limit of 3,720 a year (2013/14). There is no individual limit for each
component, and the eligible investments are the same as a standard ISA.
The annual investment limit is index-linked from April 2013.
The funds are locked in until the childs eighteenth birthday and cannot
be accessed by the child or parents. When the child reaches 18, the
Junior ISA will automatically change to an adult ISA and the child can
access the funds.
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3.3 Insurance
Very few aspects of life are entirely free from some element of risk and most
people have some form of insurance to protect them against the financial
effects of adversity. In some cases, it is compulsory for instance, third party
liability for drivers of motor vehicles on public roads. In many other cases it is
wise to insure against the loss of (or damage to) items that are too valuable to
replace out of normal income, such as a house and its contents. Similarly, most
families need protection against unforeseen events that would deprive them of
their sources of income, such as the untimely death or serious illness of a main
breadwinner.
The examples mentioned above illustrate the two main types of insurance
available: general insurance and life assurance.
At the start of 2011, the European Court of Justice ruled that insurers could
no longer consider gender when calculating insurance premiums rates and any
benefits. This became known as the EU gender directive. The Belgian consumer
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group Test-Achats had argued that the exemption for insurers to be able to use
gender-based pricing contradicted the wider European principle of gender
equality.
Insurers had to have implemented changes to their pricing model to take this
into account by 21 December 2012. The changes will only impact new
insurances policies and renewals.
payable throughout life (ie for the full term of the policy, whatever that
turns out to be); or
If limited premiums are chosen, the minimum term is normally ten years.
Because whole-of-life assurance (unlike term assurance) will definitely pay out
sooner or later, life companies build up a reserve to enable them to pay out
when the life assured dies.This enables companies to offer surrender values on
whole-of-life policies that are cancelled by the client before death has
occurred. These surrender values are, however, generally small in relation to
the sum assured. In fact, in the early years of a policy, the surrender value will
be less than the premiums paid. This emphasises the fact that whole-of-life
policies are protection policies and not investment plans.
Whole-of-life policies can be taken out on a number of different bases:
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non-profit;
with-profit;
unit-linked;
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unitised with-profit;
low-cost;
flexible;
universal.
the premiums are used to buy units in the chosen fund or funds, and
these units are allocated to the policy;
the policyholder selects the level of benefits that they wish to have:
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maximum cover: this is normally set at such a level that cover can be
maintained for ten years but, after that point, all the units will have been
used up and increased premiums will be needed if the cover is to
continue;
balanced cover: this is the level of cover, for a given premium, which
the company expects to be able to maintain throughout the life assureds
lifetime.
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indexation of benefits;
waiver of premium during periods of inability to pay due to, for instance,
disability or unemployment.
Most of the additional benefits will be at extra cost, the additional cost being
met by cashing more units.
3.3.1.1.4 Uses and benefits
Whole-of-life policies are appropriate to those circumstances where the need
is for a sum of money to be paid on the death of an individual, whenever that
death may occur. Like all protection policies, therefore, their overall benefit is
that they provide peace of mind. They can be used in personal and business
situations, and for certain taxation purposes.
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The term can be anything from a few months to, say, 40 years or more
(for terms that end after age 65, it may be better to take out a wholeof-life policy instead).
If the life assured survives the term, the cover ceases and there is no
return of premiums.
If premiums are not paid within a certain period after the due date
(normally 30 days), cover ceases and the policy lapses with no value.
Most companies will allow reinstatement within 12 months provided all
outstanding premiums are paid and evidence of continued good health
is provided.
Premiums are normally level (the same amount each month or year),
even if the sum assured varies from year to year.
There are a number of basic types of term assurance and a number of options
that can be included. These are described below.
3.3.1.2.1 Level term assurance
With level term assurance, the sum assured remains constant throughout the
term. Premiums are normally paid monthly or annually throughout the term,
although single premiums can be paid.
Level term assurance is often used when a fixed amount would be needed on
death to repay a constant fixed-term debt such as a bank loan.
It can also be used to provide family cover, for instance, until the children leave
home. If it is used for that purpose, the policyholder should bear in mind that
the amount of cover in real terms would be eroded by the effect of inflation.
3.3.1.2.2 Decreasing term assurance
With decreasing term assurance the sum assured reduces to nothing over the
term of the policy. Premiums may be payable throughout the term, or may be
limited to a shorter period such as two-thirds of the term. This policy could
be used to cover the outstanding capital on a decreasing debt.
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The option can only be exercised while the convertible term assurance
is in force.
The sum assured on the new policy cannot exceed the sum assured of
the original convertible term assurance: if a higher level of cover is
required after conversion, the additional sum assured will be subject to
normal underwriting.
The premium for the new policy is the current standard premium for
the new term and for the life assureds age at the conversion date.
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heart attack;
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stroke;
multiple sclerosis;
kidney failure.
paralysis;
blindness;
loss of limb(s).
Many policies also make provision for payment of the sum assured in the event
of total and permanent disability. Again, the definition of total and permanent
disability varies between companies. Some take it as being a total and
permanent disability that prevents the policyholder from doing any job to
which they are suited by virtue of status, education or experience. Other
companies employ a tighter definition that requires that the disability prevents
the person from doing any job at all.
Typical uses of critical illness cover are:
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mortgage repayment;
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provide income in the event of their illness. The income could then be used to
pay for housekeeping or childminding fees if the homemaker is unable to
perform these duties due to illness or accident.
3.3.2.2.1 Premium rates
A major factor in determining the premium to be charged is the occupation of
the life insured. A typical classification of occupations by an IPI provider might
be:
t
Certain occupations will be excluded from IPI cover on the basis that they
represent too great a risk.
The occupation class that a person is deemed to fall within will determine the
level of premium (Class 1 occupations get the cheapest rates) and may also
influence the terms on which cover is offered.
Other factors that will influence the premium rate are:
t
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A waiver of premium option may also be provided whereby premiums for the
IPI policy are not required while benefits are being paid from the policy, but the
policy cover continues as normal.
3.3.2.2.2 Payment of benefits
The payment of benefits commences after a deferred period. This is the amount
of time that elapses between the onset of the illness/injury and the point at
which benefits payments commence. Typical deferred periods are 4, 13, 26, 52
and 104 weeks. The minimum four-week deferred period is to prevent multiple
claims for minor ailments such as colds.
A self-employed person, who typically would suffer a loss of income after a
very short period of illness, should opt for a short deferred period. Conversely,
an employed person may wish to opt for a long deferred period if they have
sickness benefits paid by their employer. If this is the case, the deferred period
should be set to match the date at which the employers sick pay ceases. The
longer the deferred period chosen, the cheaper the premium will be.
Benefit levels are set so that the claimant is unable to receive a higher income
when not working than they could from working. The maximum benefit payable
from an IPI policy varies between providers. It is normally in the range of 50 per
cent to 75 per cent of pre-disability earnings. If the provider allows a benefit
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level towards the top end of this range they are more likely to make a deduction
to allow for any state benefits to which the claimant may be entitled. These
limits apply to total benefits from all IPI contracts held by the individual.
Benefits are paid pro-rata if illness means that a person can work but only parttime.
Cover is permanent in the sense that the insurer cannot cancel the cover
simply because the policyholder makes numerous claims. The policy could be
cancelled, however, if the customer fails to keep up their premium payments or
takes up a hazardous job or pastime.
Some policies will allow benefits to be indexed either before or during a claim.
The rate of increase may be at a fixed rate, perhaps 3 per cent to 7 per cent,
or based on a published measure of inflation.
Benefits are normally paid until death, return to work or retirement, whichever
event occurs first.
IPI is available as a standalone policy, either as a pure protection plan or on a
unit-linked basis. Additionally, IPI can be available as an option on a universal
whole-of-life plan.
3.3.2.2.3 Taxation of IPI benefits
Where income protection insurance (IPI) is taken out on an individual basis the
benefits are tax-free.
IPI can be arranged by an employer on a group basis and in this case the
income will be taxable as earned income. The employer pays the premium,
which is a tax-deductible business expense; the premium paid by the employer
is not taxable as a benefit in kind on the employee/scheme member, ie no tax
or national insurance is payable by the member on the premium paid, provided
that the employer has discretion as to whether to pay the proceeds to the
employee. In practice, the employer has such discretion and then pays the
proceeds on to the member concerned. The scheme member pays income tax
and national insurance on the proceeds.
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The proposer must have been actively and continuously employed for a
specified minimum period prior to affecting the plan.
Any redundancy that the proposer had reason to believe was pending
when they took out the policy will be excluded.
A person may have to have been employed for a minimum period either
before they can take out this type of plan or before the unemployment
element of the plan becomes valid.
ASU policies are annually renewable at the discretion of the insurer.This means
that the insurer could increase premiums in light of poor claims experience or
may even withdraw the cover offered. This is a major difference from IPI.
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choice of timing of the treatment (to fit in with work demands, for
example);
high-quality accommodation;
Some policies offer additional benefits such as the payment of a daily rate if
treatment is delivered within an NHS hospital and involves an overnight stay.
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The way in which benefits are paid varies between providers. Some will offer a
full refund of charges with payment direct to the healthcare provider. Other
plans impose an upper limit on the amount that can be reclaimed in any one year.
Premium rates depend on a number of factors, including:
t
A major factor will be the type of scheme that is taken out. For example, many
providers offer a budget scheme, which may limit the patients choice of hospital
or require treatment on the NHS if the waiting list does not exceed a maximum
period, eg six weeks. Any limit on the range of cover provided will reduce the
premium payable. The limit may take the form of a financial limit on the amount
of benefit that is provided or limits on the range of treatment covered.
One other significant factor is the age of the person applying for cover. The
morbidity risk increases with age and consequently so does the probability of
a claim being made under the terms of the plan.
3.3.2.4.1 Underwriting
Certain events will be excluded from cover under the scheme. Cover will not
be provided for any pre-existing medical conditions, and other general
exclusions are the costs of:
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chiropody;
cosmetic surgery;
alternative medicine.
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3.3.2.4.2 Taxation
Premiums are subject to insurance premium tax but the benefits are paid out
tax-free.
Employers who contribute to PMI on behalf of their employees are able to
claim the cost as an allowable deduction against corporation tax.
Contributions paid by an employer are regarded as a benefit in kind as far as
the employee is concerned and may be taxable if the employees total income,
including the value of all benefits in kind, exceeds 8,500 per annum.
3.3.2.5 Long-term care insurance
The purpose of long-term care insurance (LTC) is to provide the funds to
meet the costs of care that arise at a point in later life, when a person is no
longer able to perform competently some of the basic activities involved in
looking after themselves each day and consequently requires assistance.
The need for this cover has increased because families are more spread out
than in earlier generations and less able to take care of elderly relatives. The
problem has also been increased by the fact that life expectancy has increased
and peoples expectations for their quality of life in their later years are higher
than ever. There has been increasing concern over the standard of care that
state support and the NHS can realistically be relied upon to provide.
3.3.2.5.1 Benefits
The amount of benefit paid from a LTC plan will depend on the degree of care
required by the insured. This will be established by ascertaining the persons
ability to carry out a number of activities of daily living (ADLs).
Typical ADLs would be:
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washing;
dressing;
feeding;
preparing food.
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Each LTC insurer will have its own definitions of what constitutes an inability
to carry out an ADL. Many follow the definitions laid down by the Association
of British Insurers.
The greater the number of ADLs that cannot be performed without assistance,
the greater the amount of care required and, therefore, the higher the level of
benefit that will be paid. It is normal for insurers to require that the person
must be incapable of performing at least two or three of the ADLs before a
claim can be accepted. A person need not be confined to a nursing home to
receive LTC benefits: for example, a person may be unable to dress themself in
the morning and prepare and eat food without assistance. Therefore, the range
of support they would need may be limited to a person coming in at certain
points during the day to help with those specific activities.
3.3.2.5.2 Taxation of benefits
If an annuity is purchased for immediate long-term care needs, it must be an
immediate needs annuity in order for the benefits to be tax free. An immediate
needs annuity is one where the benefits are payable directly to the care
provider for the care of the person protected under the policy. Furthermore,
the annuity must have qualified as an immediate needs annuity when it was taken
out. In other words, the benefits from an ordinary purchased life annuity cannot
be paid as tax free just because they are being used to fund long-term care.
If an annuity does not qualify as an immediate needs annuity, ie its benefits can
be paid to the policyholder, only the interest element is taxable (20 per cent
tax will be deducted at source, higher-rate taxpayers having a further liability
of 20 per cent).
Where an immediate needs annuity is established on a life of another basis, the
benefits can still be paid tax free, provided that they are paid direct to the care
provider and are used solely for the care of the person protected under the policy.
If any part of the annuity benefits are paid to anyone other than the care provider,
or for any purpose other than for the care of the person protected under the
policy (including payments that may be due on the death of the protected person),
that portion of the benefits is taxable, but only the interest element.
Benefits are also tax free if the long-term care policy is pre-funded, ie where
there is no annuity but, instead, premiums are paid to an insurance company
(out of tax-paid income) to insure against a possible future event. For prefunded long-term care policies, it doesnt matter whether the benefits are paid
direct to the care provider or to the protected person.
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Some policies may combine protection against two or more types of risk.
Comprehensive motor policies, for example, cover damage to the
policyholders property and to third parties property.
Before looking at some of the common types of general insurance, it is
appropriate to mention some important principles and practices that apply to
general insurance: these are indemnity, average and excess.
3.3.3.1 Indemnity
Unlike life assurance policies, general insurance policies are contracts of
indemnity. The principle of indemnity is that in the event of a claim, insured
persons should be restored to the same financial position after a loss that they
were in immediately before the loss occurred. In particular, this means that an
insured person should not be able to benefit from the event that caused the
loss.
Life and personal accident policies, on the other hand, are not contracts of
indemnity. They are benefit policies since it is much more difficult to measure
accurately in financial terms the impact of a loss of life or of a serious injury.
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3.3.3.2 Average
It is not uncommon for policyholders to underinsure: in other words, to insure
for a smaller amount than is actually required to replace or repair the lost or
damaged property. This may be because they are unaware of the appropriate
figure or because inflation has increased the amount required, or it may be
deliberate in order to keep the premium down.
In the event of a complete loss, ie where a whole house is destroyed by fire,
the amount paid out would be limited to the sum insured, even if the actual
cost were considerably more.
Many losses are only partial, however, and in these circumstances it would be
unfair if a policyholder who had paid less premium than was really appropriate
should be indemnified in full, even where the actual claim amount is less than
the overall sum insured. In such cases, the principle of average is applied, which
means that the claim is scaled down in the same proportion that the premium
actually paid bears to the premium that should have been paid for the full
appropriate sum insured.
So, for example, a policyholder who insured contents for 10,000, when their
true insurance value was 15,000, would find that if they claimed 300 for a
damaged carpet, the insurer would pay only 200.
3.3.3.3 Excess
Many general insurance policies are subject to an excess: in other words, a
deduction is made from any claim payment. Many motor policies have an
excess of, say, 100 on the accident damage part of the cover. This avoids the
high administrative costs of dealing with a lot of small claims. An excess can be
either compulsory or voluntary in order to obtain a reduction in premium.
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unspecified items: these need not be specifically named but each item
must have a value below a specified amount;
specified items: these items are above the single-item value limit and
are individually listed.
Both of the above categories require the policyholder to take reasonable care
of the property.
3.3.3.7 Private motor insurance
There are three main types of motor insurance cover: third party only; third
party, fire and theft; and comprehensive. There are variations in the exact
nature of cover offered by different companies in each category particularly
on comprehensive policies but a summary of what might typically be offered
is shown below.
3.3.3.7.1 Third party
The Road Traffic Act 1988 makes it unlawful to use a motor vehicle on a public
road unless there is in force a policy of insurance in respect of third party risks.
Third-party-only policies typically provide cover for:
t
damage to property;
Death, injury and damage cover is extended to include occasions when the
policyholder is using another vehicle, and also to other drivers using the
policyholders car with permission.
Motor insurance differs from other personal insurances in that a policy of
motor insurance is of no effect unless a certificate of insurance is given to the
policyholder. The certificate is what provides evidence of the existence of the
contract of insurance and, as third party motor insurance is compulsory, this is
very important.
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3.3.3.7.3 Comprehensive
In addition to the third party, fire and theft cover, a typical comprehensive
policy would include some or all of the following:
t
windscreen damage.
The private motor insurance market is large and extremely competitive, and
many other extensions to the cover are offered in order to attract business.
These may include: roadside breakdown assistance; legal protection services;
provision of a courtesy vehicle while repairs are carried out; out-of-pocket
expenses resulting from an accident.
3.3.3.8 Travel insurance
Travel insurance is available for individual journeys (typically from five days to
one month) or on an annual basis. A typical policy might include cover against
the following:
t
delayed departures;
medical expenses;
personal accident;
personal liability;
legal expenses.
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Because of the increased risk of injury, cover for winter sports holidays is
usually more expensive.
3.3.3.9 Payment protection insurance (PPI)
Payment protection insurance can cover monthly loan repayments if the
policyholders salary reduces due to accident, sickness or unemployment. The
policy will pay out only for a fixed period of time, usually 12 months.
This insurance is linked to the repayments of a specific lending product and
may be offered at the same time as the loan itself.
PPI can be extremely useful, although many PPI policies have been mis-sold
alongside loans, credit cards and mortgages over the years to people who
didnt need it, were ineligible to claim its benefits for one reason or another,
or who didnt even realise it had been included as part of their loan
repayments. Some lenders developed sales scripts for their customer services
advisers to follow that included a statement that the loan was protected
without mentioning the fact that this protection was in the form of an
insurance policy a policy that the customer should have been given the
opportunity to opt out of taking.
Several companies have been fined for mis-selling this product, and many
customers are being encouraged (mainly through TV advertising campaigns) to
make a claim against their lender if they feel they were wrongly sold this
product. For those whose claims are successful, they are not only given back
the insurance premiums they have paid, they are also able to claim the interest
that this money would have earned had it been in a savings account.
3.3.3.10
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3.4 Derivatives
A derivative is a financial product that is indirectly based on, or derived from,
another financial product. It is usually related to a commitment to buy or sell
that other product at a fixed price on a future date or between two dates. The
key factor is that, because they convey rights (such as the right to buy at a price
different from the current market price), derivatives themselves have a value
and, in most cases, can themselves be traded.The most common products dealt
with in this way are ordinary shares, commodities, interest rates and exchange
rates. The main forms of derivatives are described below.
t
Warrants are similar to call options, except that they are generally
issued by companies and give the holder the right to purchase that
companys ordinary shares.This allows the company to raise new capital.
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3.5.1 Mortgages
Since a mortgage loan is such a large and long-term transaction the
consequences of making a mistake can be very serious. It is therefore
particularly important for an adviser to choose wisely and to suit the products
chosen to the clients needs.
t
Choosing the wrong lender or the wrong interest scheme can lead to
the client paying more than is necessary for the loan.
3.5.1.1 Definitions
A house purchase loan is usually known as a mortgage loan (or simply a
mortgage) because the borrower mortgages the property, in other words
creates a legal charge over the title deeds to the lender as security for the loan.
The parties involved in a mortgage are as follows:
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The mortgage will be repaid at the end of the term, provided that
changes in interest rate have been allowed for and that all repayments
have been made when due.
might be repaid out of other resources, eg from the proceeds of a legacy. The
main schemes used for this purpose are: endowment assurances of various
kinds; individual savings accounts (ISAs); and personal pension or stakeholder
pension plans.
Borrowers should be made aware of the risks involved in taking out an
interest-only mortgage, in particular that repayment of the mortgage is
dependent on the performance of an investment plan achieving a predetermined rate of return. If this is not achieved, then the borrower will be left
with a shortfall: the value of the policy or plan will be lower than that of the
total debt.
Under FSAs Mortgage Market Review (the proposed changes stemming from
which were published by the former regulator in October 2012), mortgage
lenders will be responsible for obtaining evidence that the prospective
borrower has a credible way of repaying the mortgage. Furthermore, they must
then contact the borrower at least once during the term of the mortgage to
establish whether the repayment strategy remains in place and still has the
potential to repay the capital.
3.5.1.3.1 Endowment assurances
Both with-profit and unit-linked endowments can be used for mortgage
purposes. In each case, special adaptations have been developed to take
account of the particular needs of mortgage repayment.
One feature of life policies is that they can be legally assigned to a third party,
who effectively becomes the owner of the policy and is entitled to receive the
benefits in the event of a claim. Some lenders require the endowment to be
assigned to them as part of the mortgage deal; others may simply require that
the policy document be passed into their possession, without a formal
assignment.
3.5.1.3.1.1
Low-cost endowment
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which, including the bonuses that are expected to be declared over the policy
term, should become sufficient to repay the loan. Since bonuses are not
guaranteed, the basic sum assured is calculated using a conservative estimate
of future bonus rates often around 75 per cent of the companys current
reversionary bonus rate. Terminal bonuses are not taken into account.
If the borrower were to die before the bonuses had reached the required level,
the amount paid out would be insufficient to repay the loan. To cover this
shortfall, a decreasing term assurance is added to the policy, the additional
benefit being calculated as just sufficient to make up the difference between the
mortgage amount and the current level of sum assured plus reversionary
bonuses. Some companies add a level term assurance, or even a level
convertible term assurance, in place of the decreasing term assurance.
If the total of sum assured plus bonuses does not reach the amount of the loan
at the end of the term, it is, of course, the borrowers responsibility to fund the
difference. Life companies help their policyholders to avoid this by including
regular progress reviews of mortgage-related endowments, to check whether
the policy is on target to reach the required amount by the end of the term.
If the policy does not seem to be on target, the company may either
recommend an increase in premium, possibly without further medical evidence
being required, or suggest other ways of addressing the problem.
On the other hand, if the total benefit at maturity, including bonuses, proves
greater than the amount required to repay the loan, the surplus will provide a
tax-free windfall for the borrower.
3.5.1.3.1.2
Unit-linked endowment
When used for mortgage purposes, the premium required to fund a unit-linked
endowment is calculated as the amount that will provide sufficient to repay the
loan at the end of the term if unit prices increase at a specified conservative
rate of growth. Policyholders can choose which fund or funds to use for their
investment, but it is usually recommended that premiums be invested in a
managed fund: it would certainly not be wise to use a very speculative fund for
mortgage repayment purposes.
The growth rate is not guaranteed, and it is the borrowers responsibility to
ensure that the policy will provide sufficient funds to repay the loan. Regular
reviews, by the life company, of the policys progress enable the borrower to
increase the premiums (or make other provisions) if the policy is not on target.
Most companies also provide the facility to switch to a cash fund, or similar, in
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order to protect the policy value from sudden market falls towards the end of
the term.
One advantage of the unit-linked policy as a repayment vehicle is that, in a
strongly rising market, the value of the policy may reach the required amount
before the end of the term. In that event, the policy can be surrendered and
the loan repaid early thus saving on future interest, and freeing the repayment
amounts for the client to use for other purposes.
3.5.1.3.1.3
Performance review
The actual performance of endowment plans during the 1990s led to a major
review of this area of financial advice and, during 1999, the regulatory
authorities instructed providers of endowment plans to review the actual
performance of these products. This was for three main reasons:
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t
The fund in which the contributions are invested is not subject to tax
on capital gains, meaning that it should grow faster than an equivalent
endowment policy fund, which is taxed on both income and capital gains.
On the other hand, there are a number of factors a borrower might feel are
possible drawbacks to the use of a pension plan for mortgage repayment
purposes.
t
There is a minimum age at which the lump sum can be taken: in most
cases this is 55, which means, in effect, that the term of the mortgage
must run until at least age 55 and the mortgage cannot be paid off
earlier, even if the fund has grown to a sufficient value. (This minimum
age increased to 55 from 50 with effect from 6 April 2010).
Because only 25 per cent of the fund can be taken in cash, a fund of four
times the loan value must be built up, which means that contributions
must be four times what is actually required to repay the loan. The
remaining 75 per cent is not wasted, of course, because it will provide a
retirement pension nevertheless, it may mean that total contributions
are more than the borrower can afford or more than are permitted by
the regulations.
The ISA managers calculate the amount of regular investment that would be
required to produce the necessary lump sum at the end of the mortgage term,
based on an assumed growth rate and on specified levels of costs and charges.
The main benefits of using an ISA as a repayment vehicle are:
t
the funds grow free of tax on capital gains, thus reducing the cost of
repaying the mortgage;
One drawback to the use of ISAs is that they may not be available in the longer
term. Since mortgages are generally long-term contracts, this might lead to
many borrowers having to change their repayment vehicle mid-stream. In
November 2006, however, the government stated that ISAs will continue to be
available indefinitely.
Other drawbacks associated with the use of ISAs (and other similar investment
schemes) are the following.
t
If growth rates do not match the initial assumptions, the final lump sum
will fall short of the mortgage amount unless additional investments
have been made.
The limits on annual contributions can make it difficult to pay back a loan
quickly. This is less of an issue for couples, as they are each allowed to invest
their individual maximum but it is not normally possible for these funds to be
held together in order to accumulate at a faster rate.
3.5.1.4 Mortgage interest options and other schemes
Regardless of whether a customer chooses a capital-and-interest repayment
mortgage or an interest-only mortgage with some kind of a repayment vehicle,
there are often a number of different types of mortgage product available. The
main variations are described below but remember that these are not
necessarily specific products in themselves; they are characteristics of
products. Some of these characteristics can be combined within a single
product, eg a fixed-rate mortgage with a cashback.
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Remember also that how interest is charged will vary from one lender to
another: some charge interest on an annual basis; some on a monthly basis; and
some on a daily basis.
3.5.1.4.1 Variable rate
A variable rate is the basic method of charging interest, with monthly payments
going up or down without limit as interest rates change. One disadvantage is
that borrowers cannot easily predict the level of future payments, which can
cause budgeting problems.
3.5.1.4.2 Discounted mortgage
A discounted mortgage takes the form of a genuine discount off the normal
variable rate (eg 2 per cent off for three years). It is not a deferment of capital
or interest payments. There is usually a restriction on how soon the mortgage
can be repaid, or a penalty for repaying within a certain period.
3.5.1.4.3 Fixed rate
With a fixed-rate mortgage, the borrower is able to lock in to a fixed interest
payment for a specified period, usually between one and five years. At the end
of the period, the rate reverts to the lenders prevailing variable rate. This
scheme is popular with first-time buyers and others who want to be able to
budget precisely. There is often a substantial arrangement fee, however, and
there may be restrictions or penalties on changing to another lender.
3.5.1.4.4 Capped rate
An interest rate might have an upper fixed limit, known as the cap. The lenders
normal variable rate will apply to this type of mortgage, but it will be subject
to the capped rate. Should the variable rate exceed the cap, the borrower
will still pay not more than the capped rate. If there is also a fixed lower limit,
it is known as a cap and collar mortgage.
3.5.1.4.5 Base rate tracker mortgages
As the name suggests, base rate tracker mortgages are linked to the base rate
set by the Bank of England.The base rate is reviewed once a month and reflects
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the cost of borrowing money from the Bank of England. Base rate tracker
mortgages give the borrower the certainty that their payments will rise and fall
in line with base rate changes. It should be noted that most lenders offering
this type of mortgage do charge a premium above the base rate. A typical
example would be a borrower being charged interest at 0.95 per cent above
the base rate.
3.5.1.4.6 Flexible mortgages
The flexible mortgage gives the borrower some scope to alter their monthly
payments to suit their ability to pay, as well as the opportunity to pay off the
loan more quickly. Although there is no precise definition of a flexible
mortgage, it is generally considered that such a product should offer the
following basic features:
t
the facility to underpay, but only within certain parameters set out by
the lender when the mortgage was arranged;
the facility to take a payment holiday, again within certain parameters laid
down at the outset.
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3.5.1.4.6.1
Offset mortgage
It is usually a condition of the mortgage that some or all of the cashback must
be repaid if the loan is redeemed within a specified period.
Discounted rates and cashbacks are sometimes used by lenders either to tempt
borrowers away from competitors or as a loyalty bonus to persuade them to
stay. Payment of legal fees is another offer that is commonly made to encourage
switching of the loan between lenders while incurring minimum costs.
3.5.1.4.8 Low-start mortgage
The low-start mortgage is a repayment mortgage designed to assist borrowers
who want to keep down costs in the early years.The low initial repayments are
achieved by deferring the capital instalments for the first few years. Borrowers
need to be aware that payments will increase at the end of the initial period
and that no capital will have been repaid.
3.5.1.4.9 Deferred interest
In the early years of a deferred interest mortgage, some of the interest is not
paid but is added to the outstanding capital. This is a useful method for those
who expect an increasing income, and who wish to maximise the loan while
minimising the costs in the early years.
This type of mortgage is not suitable for people who borrow a high proportion
of the property price especially at a time when prices may be falling
because there is an increased danger of negative equity.
3.5.1.4.10
CAT-standard mortgages
The government has introduced specified CAT (charges, access and terms)
standards that can be applied to mortgage products, although lenders do not
have to offer CAT-standard mortgages, and there is no guarantee by either the
government or the lender that a CAT-standard mortgage will be the most
suitable product for a particular borrower.
CAT-standard mortgages are likely to appeal to borrowers who wish to have
clearly stated limits on charges. Examples of the limits set on charges and other
costs are the following.
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The variable interest rate must be no more than 2 per cent above Bank
of England base rate and must be adjusted within one calendar month
when the base rate is reduced.
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t
All other fees must be disclosed in cash terms before the customer
makes any commitment.
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t
The homeowner took out a mortgage, with the interest rate fixed for
life.
The provider allowed the borrower to take some cash, typically 10 per
cent of the money released, and bought a lifetime annuity for the
borrower with the balance.
The annuity income was used to pay the monthly interest charge with
the balance paid as income to the borrower.
Annuity rates were much higher in the early 1990s than now, which
meant that the borrower had a significant additional income from the
arrangement, even after interest was paid.
Unfortunately, as annuity rates fell, HIPs were viable only for the very elderly,
and even then the benefits were unlikely to be particularly attractive; few, if any,
plans are sold today. The major benefit of the HIP arrangement was the ability
to provide an increased income without rolling up interest and reducing the
equity further.
The Equity Release Council came into being on 28 May 2012, as a relaunch of
the SHIP organisation. While SHIP membership was limited to product
providers, the Equity Release Council will broaden its membership to include
advisers, lawyers, surveyors and other interested parties involved in equity
release. The Equity Release Council has adopted the SHIP Statement of
Principles and Code of Conduct. The Code of Conduct provides the following
main safeguards.
t
The planholder(s) will be entitled to remain in their home for the rest
of their life in the case of joint borrowers this applies to each of them.
The applicant must be given the right to seek independent legal advice
to ensure that they fully understand the risks involved and the fact that
any children and other beneficiaries will receive a reduced inheritance.
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Since 2004, protection for customers taking out home income plans has been
provided through the regulation of such plans by the FSA, and now the FCA.
3.5.1.5.3 Home reversion schemes
Home reversion schemes are an alternative to home income plans and involve
the homeowner selling all or part of their property to the company in return
for an income for life. The customer(s) retains the right to live in the house
until their death(s), after which the company sells the property and retains all
the proceeds.
At first, it was believed that home reversion schemes would not be regulated
because they do not involve a mortgage but, as of 6 April 2007, these
schemes are now regulated.
3.5.1.6 Shared ownership
Shared-ownership mortgages combine owner-occupation with rental. They
enable the borrower to buy a stake in the property and rent the remainder.
For example, the borrower can purchase a 25 per cent stake in the property,
funded by a mortgage, with the option of buying subsequent 25 per cent shares
in the future. As the borrower increases their share in the property, the
mortgage element increases and the rented element reduces. This process of
increasing ones share in the property is sometimes called staircasing.
This type of scheme (usually arranged by housing associations) enables those
on relatively low incomes to become owner-occupiers, even though they
cannot afford a conventional mortgage.
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secure a right over the proceeds of any claim and to insist that the
proceeds be applied to remedy the subject of the claim or to reduce the
mortgage debt.
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It is hard to believe that plastic cards, now an integral part of most peoples
financial affairs, have only been around for the last 40 years. Their development
and their impact have gone hand-in-hand with the rapid advance of the
electronic processing technologies on which their systems now largely depend.
Many cards can now hold a wealth of information about cardholders and their
accounts, and can therefore interact directly with retailers and banks
electronic equipment: these cards are often referred to as smart cards.
3.5.3.3.1 Credit cards
Credit cards enable customers to shop without cash or cheques in any
establishment that is a member of the credit card companys scheme.
Originally all credit card transactions were dealt with manually at the point of
sale, but most retailers now have terminals linked directly to the credit card
companies computers, enabling online credit limit checking and authorisation
of transactions.
As well as providing cash-free purchasing convenience, credit cards are a
source of revolving credit. The customer has a credit limit and can use the card
for purchases or other transactions up to that amount, provided that at least
a specified minimum amount (usually 3 per cent of the outstanding balance) is
repaid each month. The customer receives a monthly statement, detailing
recent transactions and showing the outstanding balance. If the balance is
repaid in full within a certain period (usually 25 days or so), no interest is
charged; if a smaller amount is paid, the remainder is carried forward and
interest is charged at the companys current rate.
Credit cards are an expensive way to borrow, with rates of interest
considerably higher than most other lending products. There is also normally a
charge if the card is used to obtain cash either over the counter or from an
ATM, or if the card is used overseas.
Credit card companies charge a fee to the retailers for their service. This is
deducted as a percentage (typically around 3 per cent) of the value of
transactions when the credit card company makes settlement to the retailer.
There are, however, a number of advantages to retailers, in addition to the fact
that more customers may be attracted if payment by credit card is available.
For instance, payment is guaranteed if the card has been accepted in
accordance with the credit card companys rules. Furthermore, the retailer can
reduce their own bank charges because the credit card vouchers paid into a
bank account are treated as cash.
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Two other types of card are mentioned below for completeness, although they
do not offer credit facilities (except in a very limited sense, in the case of
charge cards).
3.5.3.3.2 Charge cards
Although used by the customer in the same way as a credit card to make
purchases, the outstanding balance on a charge card must be paid in full each
month. The best-known examples are American Express and Diners Club.
3.5.3.3.3 Debit cards
Introduced in the late 1980s, debit cards enable cardholders to make payment
for goods by presenting the card and entering a PIN, in just the same way as
with credit cards or charge cards. In the case of debit cards, however, the effect
of the transaction is that funds equal to the amount spent are transferred
electronically from the cardholders current account to the account of the
retailer. This is known as EFTPOS (electronic fund transfer at point of
sale) and the system effectively replaces the use of cheques, leading in the
longer term to reduced handling costs.
Debit cards can also be used to withdraw cash from ATMs. They previously
acted as cheque guarantee cards, but this facility ended on 30 June 2011.
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As people are now living longer in retirement, employers are finding final salary
schemes more expensive. As a result, many are being forced to reduce their
commitment and to transfer the responsibility to individuals. Many individuals
may therefore wish to supplement retirement income by contributing to
private arrangements.
The following are tax-efficient pension arrangements:
t
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Some AVCs are final salary arrangements although most are money purchase.
All FSAVCS, PPP/SHPs are money purchase schemes.
The funds do not pay capital gains tax, pay no income tax on savings income
and no higher-rate income tax on dividend income. They are, however, unable
to reclaim the 10 per cent tax credit on UK dividends.
Any individual, who is a UK resident and under the age of 75, can receive
income tax relief at their highest marginal rate on annual contributions to
occupational and private pension schemes up to a maximum of the higher of:
100% UK earnings
or
3,600.
(Before the new regulations came into effect on A-Day, different schemes had
different maximum contribution limits).
However, there is an annual allowance limit (50,000 in 2013/14). This is
reducing to 40,000 in April 2014. If the combined total of employer and
employee contributions in a year exceeds this figure, tax will be charged on the
excess. The individual can however, carry forward any unused annual allowance
from the previous three tax years to the current tax year. The unused
allowance is added to this years annual allowance and only if pension
contributions exceed this amount is the annual allowance charge payable.
Benefits can (normally) be taken from the schemes from age 55 onwards. This
minimum pension age increased from 50 on 6 April 2010. 25 per cent of the
fund can be taken as tax-free cash and the remainder must be used to provide
a taxable income.
There is also a lifetime allowance (1.5m 2013/14). If the individuals total
benefits on retirement exceed this limit, there is a lifetime allowance tax charge.
The lifetime allowance will be reduced to 1.25m in April 2014, but the
government will offer an individual protection regime and a fixed protection
regime for individuals with pension rights above 1.25m when the new lifetime
allowance is introduced.
The income may be taken by purchasing an annuity with the remaining fund. It
is not essential to buy the annuity from the company that supplied the pension
plan. An individual can shop around to see if higher annuity rates are available
from other providers. This facility is known as an open-market option.
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criteria. The employees are not obliged to join, but the employer must provide
a payroll deduction scheme for those who do join and pass on the employees
contributions to the scheme. The employers themselves are not obliged to
contribute to the scheme.
As mentioned earlier, stakeholder pensions are a form of personal pension and,
as such, subject to the same rules. In order to encourage those on lower
incomes or with limited understanding of pensions, certain standards were
introduced for stakeholder pensions. The key standards are:
t
charges cannot exceed 1.5 per cent of the fund value per annum for the
first ten years of the term and cannot exceed 1 per cent after that time;
One effect of the restriction on charges is that the low limit precludes the
payment of commission to independent financial advisers and this may result
in people finding it difficult to obtain advice on stakeholder pensions. To
overcome this problem, the government has prepared a set of decision-making
flowcharts, known as decision trees, which people can use to determine
whether stakeholder pensions are appropriate to their own circumstances.
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2.
3.
4.
5.
Michael, aged 35, invests 5,760 in a cash ISA in July 2013 and then
withdraws 1,000 in September 2013. How much can he invest in the
same cash ISA in December 2013?
(a) Nothing.
(b) 1,000.
(c) 4,760.
6.
7.
8.
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9.
10. How does the deferred period on an IPI policy affect the premium?
11. Which of the following would NOT normally be excluded from a private
medical insurance claim?
(a) Dental treatment.
(b) Chiropody.
(c) Outpatient consultation.
12. What is the definition of indemnity?
13. Which of the following would not normally be covered against damage
under a buildings insurance policy?
(a) Garden shed.
(b) Fitted wardrobe.
(c) Dining room table.
14. What is a mortgagee?
15. Whose responsibility is it to ensure that an interest-only mortgage is
repaid at the end of the term?
16. A self-employed plumber aged 30 takes out a pension mortgage. What is
the minimum term for which the mortgage could run?
17. What is a cap and collar mortgage?
18. Why do mortgage lenders insist that properties on which they lend
should be continuously insured?
19. What is the most common form of revolving credit?
20. What is the maximum permissible contribution to a stakeholder pension
in 2013/14?
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Answers
1.
2.
3.
Under forward pricing, clients buy or sell units in a given dealing period
at the prices that will be determined at the end of the dealing period.
4.
5.
(a) Nothing.
6.
7.
Higher-rate taxpayers would pay 20 per cent on the gain (policy proceeds
less premiums paid). For others there would be no tax due.
8.
Up to 3,720 per year. This remains true for CTFs already in force before
they were withdrawn.
9.
To cover the possible inheritance tax on a gift if the donor dies within
seven years.
10. The deferred period is the length of time before benefits commence. The
longer the deferred period, the lower the premium.
11. (c) Outpatient consultation.
12. In the event of a claim after loss, insured persons should be restored to
the same financial position that they were in immediately before the loss
occurred.
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Section 4
The financial planning and advice process
Introduction
The relationship between the adviser and the client is formally defined by a
number of legal elements, such as the law of agency and data protection
legislation, which are described in Section 6 and in Section 4 of Unit 2
respectively.
It is also essential that the client should understand the terms on which any
business will be transacted, and advisers are required to have a written
agreement with the client, setting out the terms of business, the exact nature
of which is described in Unit 2.
It is, however, vital that the relationship should also be one of mutual trust. This
will be much more easily achieved if the adviser can show an understanding not
only of the products that they sell, but of human nature and of the situations
in which people find themselves and both the perceived and real needs that
they consequently have.
Part of this relationship of trust will be the confidentiality with which the
adviser treats the customers personal and financial information. Some
confidentiality requirements are specified by legislation for example the Data
Protection Act 1998 but an adviser should make it clear that all of the
customers information will be kept confidential at all times unless there is a
legal requirement for it to be revealed.
An adviser must also be aware of all of the major consumer protection
legislation that regulates the relationship with the client, much of which is
described in Section 6 of this unit and in Unit 2.
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In this section, we will consider how advisers obtain the information they need
from their clients, how they assess and structure that information to
determine the most suitable products and services to recommend, and how
they communicate effectively with their clients at all stages of the relationship.
Section 4 covers the topics in part 5 of the Unit 1 syllabus, ie the process of
giving financial advice.
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4.2.7 Retirement
Prior to retirement, most peoples financial planning is centred on converting
income into lump sums (or lump sums into bigger lump sums). At retirement,
when income from employment ceases, the focus changes: the requirement is
now to produce income from capital. Other factors also become more
relevant: the need to prepare for possible inheritance tax liabilities should be
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considered. Similarly the cost of health care, and the possibly of long-term care
in old age, may become an issue.
Age or time of life is not, of course, by any means the only way in which market
segments can be defined, but it has been analysed in detail to give an illustration
of the concept. Other breakdowns are possible, for instance, by the level of
annual income or by an individuals attitude to investment risk. Both of these
characteristics can contribute to determining the appropriate financial product
for a particular investor or borrower.
financial situation;
objectives;
This means, in practice, that any factfind should look at both the clients
circumstances and preferences.
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Name and address: full name of the client, along with their contact
address and telephone number.
Date and place of birth: dates of birth for all those included in the
factfind. The clients place of birth may be important for underwriting or
taxation reasons, but any hint of racial discrimination must be avoided.
Marital status: the use of the word marital in this context now carries
a wider meaning than in earlier generations, and may include single,
married, civil partners, cohabiting, divorced, widowed, etc. It is usually
preferable to have both partners of a relationship involved in the
financial planning process, since the decisions made will often affect both
partners. Some clients, however, prefer to keep their financial affairs
separate.
Family details: the clients family details are important for a number of
reasons:
there may be family members who are, or who will be, financially
dependent on the client;
the client may become the beneficiary of gifts or trusts;
the client may wish to become a donor, now or in the future;
from a marketing viewpoint, there may be an opportunity for
referrals to family members.
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4.3.1.2.3 Assets
For each of the clients assets, from their home (if they own it) to all their
various bank accounts, some or all of the following details, as appropriate,
should be obtained:
t
4.3.1.2.4 Liabilities
The relevant information with regard to certain borrowing liabilities includes
the following:
t
lender;
amount of loan;
balance outstanding;
rate of interest;
repayment method;
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Clients are often unaware of the details of any arrangements that they have. It
is an advisers responsibility to try to obtain this information and clients should
be asked, wherever possible, to bring all relevant details with them.
4.3.1.3 Plans and objectives
This part of the factfind is substantially different from the other two parts: the
personal and family details and the financial situation are concerned with the
gathering of hard facts, ie about tangible items and people.The clients plans and
objectives tend to be more intangible in nature: here the aim is to find out
why?, how? or do you feel that?, in other words, to discover the clients
feelings about what they have, what they want and where they want to go from
a financial point of view. These are known as soft facts.
Advisers need to know the following:
t
how the clients feel about their current arrangements or lack of them
in each area;
Having knowledge of their feelings about their situation and their existing
arrangements will help build on understanding of clients in a number of ways:
t
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protecting self and dependants from the financial effects of losing the
ability to earn income in the long term;
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saving tax.
In seeking to assess any of these areas, an adviser should look for examples of
typical things that clients either do wrong or fail to do at all.This might include:
t
a low level of life assurance premiums being paid, suggesting that cover
might need to be increased for the required protection to be adequate;
people aged over 65 who have their age-related tax allowances reduced
because of their income;
people who have not made a valid will, whose assets on death may,
therefore, not be distributed as desired.
The advisers role is to define the clients needs and objectives accurately, to
enable the client to see the key issues facing them and to recommend and
discuss a priority order for action.
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In practice, these four aims mean that advisers will look in detail at a number
of specific areas. These will include:
t
state benefits: the nature and level of state benefits to which a client
may be entitled;
risk: there must be a close correlation between the risk inherent in the
product recommended and the clients risk profile and capacity for loss;
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the purpose of the product and the clients needs that the product will
address;
any options that exist within the product that may be appropriate to the
client;
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For each product, part of the presentation should involve a features and benefits
analysis. This means going through the product and identifying each of its
features, and then putting into simple terms what specific benefits these
features provide to the client.
In particular, the client must be made aware of the consequences of nondisclosure. If the contract is later made void because of something that the
client failed to disclose on the application form, then the client may not have
been protected and also incurred a loss of premiums.
4.6.4 Documentation
Advisers also have a duty to explain the ancillary factors to clients such as the
cancellation notice. This notice explains the clients right to withdraw from
any arrangements within a defined period. Similarly, a key features
document together with a client-specific illustration must be given to the
client before the sale is closed. These documents provide the client with all the
information they need in order to make a decision. The client should also be
provided with a product brochure explaining product details and features in
full.
The business card that the client will have been given during the meeting gives
the client a clear route back to the adviser should there be any queries later
on.
Detailed records of the transaction must be kept securely stored but
accessible. For life policies and pension contracts, the retention period is five
years but details of pension transfers, opt-outs and free-standing AVCs must be
kept indefinitely. For other contracts (eg collective investment schemes) the
retention period is three years. Note, however, that where MiFID business is
involved, a uniform retention period of five years applies.
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2.
3.
4.
5.
6.
List the factors that an adviser might take into account when deciding on
an appropriate solution/product for a client.
7.
8.
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Answers to questions
1.
2.
3.
Whether the client is: employed, unemployed, self-employed, retired; parttime/full-time, permanent/temporary.
The details of their employer; nature of work; income (basic, overtime,
bonuses, commission); benefits; pension scheme.
4.
5.
6.
7.
8.
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Section 5
The main areas of financial advice
Introduction
Clients often have a range of financial needs, even when they approach an
adviser with one particular need in mind. In order to give the most appropriate
advice, advisers must be aware of the nature of all of the needs that clients may
have and must be able to recognise those needs even where clients
themselves are not aware of them. Some needs may be immediate, such as
family protection, while others, particularly retirement needs, will seem a long
way off.
This section looks at the different areas in which financial advice may be
required.These are listed in Part 4 of the Unit 1 syllabus, and include budgeting,
protection, borrowing, investment, retirement planning, estate planning and tax
planning.
5.1 Budgeting
The need to budget underpins all other forms of financial planning. At its
simplest, it reflects the need to have sufficient funds to purchase the necessities
of daily living. It also encompasses the need to determine how much can be
spent on other items: on capital purchases; on leisure pursuits and holidays; on
provision for a secure retirement.
Many savings products can be used to budget for future capital and income
needs, but advisers must be careful not to put pressure on the clients current
and future income when selling products paid for out of that income. An
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5.2 Protection
Life can be a risky business and it is not possible to avoid all the dangers and
difficulties that it can bring. It is, on the other hand, possible to take sensible
precautions against the impact of the risks that affect people, their lives, their
health, their possessions, their finances, their businesses, and their inheritances.
Many people, however, make little or no provision for minimising the financial
consequences of death or serious illness. This may be because they are not
aware of the size of the risk or because they believe that they cannot afford to
provide the cover, not realising how cheap it can be, especially if taken out
when young.
The probability of dying before age 65 is about one in five for males in the UK.
In a typical year, according to government statistics, about 150,000 males aged
between 20 and 65 will die in the UK, while about four times that number
(600,000) will be off work for more than six months due to ill health. In the
same period, about 200,000 people in the UK are diagnosed as suffering from
cancer and about 100,000 will suffer a stroke.
Many people take an it wont happen to me attitude but, the simple fact is, it
might!
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State benefits may be available but they generally do little more than sustain a
very basic lifestyle, and increasing pressure on funding means that they are
more likely to reduce than increase in real terms in the future. The surviving
spouse/partner may, therefore, have to become the earner, leaving a problem
of who will look after the children (or alternatively, the problem of funding the
cost of childcare).
Another consequence of the death of the main earner is that dependants may
not be able to make loan repayments, particularly mortgage repayments. If the
loan cannot be serviced, the property may have to be sold and the family
rehoused in less suitable circumstances. This problem can be addressed either
by making provision for a monthly income equal to the loan repayments, to be
payable for the remainder of the loan term, or by providing for a lump sum to
pay off the outstanding loan capital.
It is equally important for the life of a dependent spouse or homemaker to be
insured, even though they are not the familys earner. In the event of their
death, the normal earner may have to give up work in order to look after the
children, or may have to pay the cost of full-time childcare.
5.2.1.2 Losses due to sickness
Many of the arguments for protection against the adverse financial
consequences of death apply equally to the need for protection against the
impact of long-term illness. In fact, the arguments for protection against
financial loss through sickness may be even stronger than those for protection
against that from death, not just because the likelihood of suffering a long-term
illness is greater than that of premature death, but also because the financial
impact on a family of long-term sickness can be even more severe than that
resulting from a death.
Protection against the impact of sickness may fall into a number of categories:
t
an income to replace lost income (for instance when the main earner
suffers a long-term illness);
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t
of a company. People with different roles may, for very different reasons, be key
personnel on whom the companys profits depend:
t
The company would then take out a term assurance on the life of the
employee, for the period during which the employee is expected to be a key
person. This may be until retirement, or until the end of a contract or a
particular project. If a term assurance of five years or less is chosen, the
premiums are likely to be allowed as a business expense, which the firm can
set against corporation tax. In the event of a claim, however, the policy
proceeds will then be taxed as a business receipt and subject to corporation
tax.
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A low level of interest rates coupled with strong house price inflation has led
to a large increase in individual and family indebtedness in the UK, with many
people increasing the proportion of their net income that they spend on
mortgage and other loan repayments. Any increase in interest rates or
reduction in income can leave people unable to service the high levels of debt
that they have taken on.
A number of products and services are available to assist people who can no
longer afford their loan repayments. A common system is the consolidation
loan: this usually takes the form of a remortgage for an increased amount, the
new loan incorporating the existing mortgage plus the individuals unsecured
loans such as personal loans and credit card balances. The advantage of this is
that the overall monthly repayments are reduced, because the unsecured loans
are now subject to a lower rate of interest and a longer repayment term.There
is also, however, a serious downside to the arrangement, which is that the
formerly unsecured loans are now secured against the property, adding to the
borrowers problems if the borrower defaults on the repayments of the
consolidated loan.
For borrowers who can see no prospect of being able to pay off their debts,
there is the possibility of using an individual voluntary arrangement
(IVA) under which the lender may be prepared to write off part of the debt
in exchange for a realistic rescheduling of repayments. IVAs are described in
Section 6.10.1.
specific purchases;
education fees;
gifts to children;
buying a business;
loan repayment;
retirement.
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Saving and investment needs change over the course of a lifetime, as explained
at the beginning of Section 4. The financial services industry provides a very
extensive range of savings and investment products to meet the needs of a
wide spectrum of customers. The products can be categorised in a number of
different ways. Some of those categories are mentioned here, together with a
few illustrative examples.
5.4.3 Accessibility
Many deposit accounts offer instant access or require only short notice of
withdrawal. At the other end of the scale, some investments are not directly
accessible until a fixed maturity date: most gilt-edged securities fall into this
category, although they can be sold prior to their redemption date (but
without any guarantee of the price that may be obtained). Shares and some giltedged stocks (and other investments) are irredeemable, ie they have no
maturity or redemption date. Here again, investors requiring access to their
money must sell the securities to an investor who wishes to buy.
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5.4.4 Taxation
The main UK taxes affecting investors are income tax and capital gains tax.
With many investments, tax is payable by investors both on the income
received and on any capital gain made on eventual sale. Shares and unit trusts
fall into this category. Some investments, eg gilt-edged securities, are taxed on
income but are exempt from capital gains tax.
It is important to consider the tax regime of the product in conjunction with
the tax position of the investor: for instance, an investor who does not pay
income tax will not benefit from taking out a cash ISA.
Savers feel that the low interest rates currently being paid on savings
are a poor return for their money. They may, therefore, react to lower
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to the age at which they receive their state pension, compared with 66 per
cent of people only 50 years ago and those who do collect their pension
receive it on average for eight years longer than did pensioners in the early
1950s.
The problem has been accentuated by the accelerating trend in occupational
pensions away from final salary schemes (also known as defined benefit
schemes) and towards money purchase (or defined contribution) schemes.
Successive governments have been increasingly aware of the potential problem,
and have introduced certain measures to attempt to counteract it (such as
stakeholder pensions), but these initiatives have not, on the whole, been a great
success. Stakeholder pensions were supposedly targeted at people in the
income range 9,000 to 20,000 believed to include the greatest proportion
of people who are failing to make adequate provision for their retirement. The
product was designed with a number of features intended to attract the savings
of this particular group, including low charges and low minimum contributions.
Despite this, initial evidence suggests that there has been very little take-up of
stakeholder pensions among this main target group, with most of the sales
being to people who would have been making pension provision anyway
through other schemes and have chosen stakeholder pensions because of the
lower costs. Some people feel that one of the reasons for the low demand for
these pensions is that the maximum charge providers can incorporate is 1.5
per cent of the fund. It remains a fact, however, that individuals will increasingly
have to take responsibility for their own retirement provision, and they will
need advice to help them through this complex area of financial services.
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payable on the second death (since no tax will be due if the estate of the first
to die is left to the surviving spouse). To avoid the policy proceeds becoming
part of the deceaseds estate and therefore themselves subject to IHT the
policy should be written in trust for the benefit of the beneficiaries of the will.
Finally, it should be mentioned that a vital element of estate planning is for
the client(s) to have an appropriate (and valid) will. Financial advisers should
not generally become involved in writing a will, but should strongly advise that
the client consult a legal adviser to ensure that a will is in place. If necessary,
the financial adviser can provide a document explaining any financial objectives
that the will should help to achieve.
clients should normally consider the use of ISAs and friendly society
policies to maximise the advantage of tax-free income or growth;
Advisers should be aware of circumstances where tax that has been paid (in
effect on behalf of the investor) cannot be reclaimed even though the investor
is not a taxpayer. An example of this would be an endowment policy or a life
office investment bond, where gains made within the life companys funds are
taxed at 20 per cent: this deduction cannot be reclaimed by a policyholder who
does not pay capital gains tax. By contrast, unit trust managers are not taxed
on gains within their funds; holders of units are liable for CGT if they sell their
units at a profit but they may be able to avoid this by use of their annual CGT
exemption.
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2.
What main factors affect the calculation of the level of sickness cover
needed by a family man with children?
3.
4.
How does the cross-option method differ from the buy-and-sell method
of partnership protection?
5.
6.
7.
If the rate of inflation is 2.5 per cent, what yield must an investor obtain
on their deposit account in order to achieve a real return of 3 per cent?
(a) 0.5%.
(b) 2.5%.
(c) 5.5%.
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Answers to questions
1.
2.
The extent of any sickness benefit from an employer; the nature and
amount of available state benefits; the number and ages of the children;
and the availability of any family help with domestic tasks.
3.
To mitigate the loss of a companys profits caused by the death or longterm illness of an important member of staff.
4.
5.
6.
As a broad rule, investments that carry a greater degree of risk offer the
prospect (but not the guarantee) of a greater reward in the form of
interest income or capital growth.
7.
(c) 5.5%.
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Section 6
Basic legal concepts relevant to financial
services
Introduction
Section 6 covers part 6 of the Unit 1 syllabus, ie some of the more general legal
concepts and legislation to the provision of financial services such as wills,
trusts, contracts, agency agreements, powers of attorney and bankruptcy.
The legislation that is related specifically to the regulation of financial services
is covered in more depth in Unit 2.
6.1
Legal persons
Legal persons in the context of financial services refers to those who have a
separate legal existence and can, therefore, enter into contracts or be sued in
a court of law. It is important to remember that this includes individuals in a
personal/private capacity and those individuals acting in a formal capacity such
as executors, as well as groups of individuals such as trustees. It also includes
organisations such as limited companies.
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The minimum age for making a valid will under English law is 18.
The will should be a clear and unambiguous statement of the deceaseds wishes
in respect of their estate, and must be signed by the testator in the presence
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of two witnesses, who must not be beneficiaries under the will (or the spouses
of beneficiaries).
In the event of marriage or remarriage or entering into a civil partnership, a
will is automatically revoked, unless specifically written in contemplation of the
change of status.
In the UK, approximately seven out of ten people die intestate, meaning that
they die without leaving a valid will. Writing a will is the first step in gaining
control over an estate and is, therefore, a vital part of financial planning.
The cost of writing a will is quite reasonable and should not be viewed as a
barrier to making a will. A financial advisers role should not involve the writing
of a will but it is important that clients understand the benefits of a valid will
and the risks of not having one. If the client has no will, the financial adviser
should recommend that they seek professional advice from a solicitor.
In certain circumstances it may be advantageous, following the death of the
testator, for the beneficiaries under a will to vary the way the estate has been
allocated. This can be achieved by executing a deed of variation. All those
who would be affected by the provisions of the will must be over 18 years of
age and be in agreement on the terms of such a variation. A deed of variation
is often executed for tax purposes: a change in beneficiaries or in the relative
shares received that could reduce the inheritance tax liability, for example. In
order to be effective for tax purposes, the deed of variation must be executed
within two years of the death and HM Revenue & Customs (HMRC) must be
informed within six months of its execution.The variation must not be entered
into for any consideration of money or moneys worth.
6.2.1 Intestacy
A person who has died without having made a valid will is said to have died
intestate. This includes the situation where the deceased has left a will but
where the will turns out to be invalid.
If a will makes valid provision for the distribution of some of the assets of the
estate, but not of others, this is referred to as partial intestacy.
The distribution of the estate of a person who has died intestate is determined
by a complex set of rules known as the rules of intestacy.They are very specific
and there is no flexibility or discretion for their variation by the person dealing
with the estate. The destination of property under the intestacy rules depends
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on the size of the estate and the deceaseds family circumstances. In many cases
especially if the estate is a large one the distribution of the assets may not
be as the deceased would have wished. In particular, it is not necessarily true
as many people believe that a surviving spouse or civil partner will receive
the whole estate.
The main rules are as follows. Please note that for the purpose of these rules,
the word spouse includes civil partner.
t
If there is both spouse and children: the spouse gets the first
250,000; half of the balance goes to the children; the other half of the
balance goes into a trust from which the spouse receives income for life,
and the capital goes to the children when the spouse dies.
This is just a summary of the main rules and that ultimately, if no blood relative
can be found, the estate will pass to the Crown.
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The beneficiaries are the people or organisations that will benefit from the
trust property. They may be named specifically or referred to as a group, eg all
my children.
The trustees are the people, appointed by the settlor, who will take legal
ownership of the trust property and will administer the property under the
terms of the trust deed. The trustees, who can include the settlor, are named
in the trust deed. Trustees must be aged 18 or over and of sound mind. If a
trustee dies, the remaining trustees, or their personal representatives, can
appoint a new trustee.
Trustees must:
t
act in accordance with the terms of the trust deed. If the trust deed
gives them discretion to exercise their powers (eg discretion over which
beneficiaries shall receive the trust benefits), the agreement of all of the
trustees is required before a course of action can be taken;
act in the best interests of the beneficiaries, balancing fairly the rights of
different beneficiaries if these should conflict. For example, some trusts
provide income to certain beneficiaries and, later, distribution of capital
to other beneficiaries; the chosen investment must preserve a fair
balance between income levels and capital guarantee/capital growth.
Under the Trustee Act 2000, trustees who exercise investment powers are
required to:
t
6.4 Companies
Companies are legal entities, quite separate from their shareholders (see
Section 2.3) or their individual employees. Shareholders of a limited liability
company cannot be held personally responsible for the debts of the company,
the limit of their liability being the amount that they have invested in company
shares. This is the most they could lose if the company were to become
insolvent with large debts.
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The nature of the company, and the rules about what it can and cannot do, are
set out in its memorandum and articles of association. In relation to a
companys ability to borrow money, for example, the memorandum normally
includes the power to borrow, but may place limits or restrictions on that
power in terms of amounts or purpose. This will be significant if the company
wishes to take out a mortgage or other form of loan.
The actions of the company are, of course, carried out by people and, when
making a contract with a company or lending money to a company, it is
essential to check that the persons committing the company to a particular
course of action are authorised and empowered to do so.
6.5 Partnerships
A partnership is an arrangement between people who are carrying on a
business together for profit. Unlike a company, a partnership is not a separate
legal entity and the partners jointly own both the assets and the liabilities of
the partnership (see notes on limited liability partnerships in Section 6.5.1).
Partnerships should have a written agreement that sets out in detail the
relationship between the partners, including proportions in which they share
the partnerships profits and what will happen when a partner leaves, retires or
dies (see also Section 5.2.2.2).
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offer and acceptance: there must be an offer made by one party (the
offeror) and there must be an unqualified acceptance by the other. This
acceptance must be communicated to the other party. In practice there
may be a number of counter-offers before agreement is reached;
the terms of the contract must be certain, complete and free from
doubt;
Some contracts have to be recorded in a specific legal form: all agreements for
the sale of land must be made in writing and conveyances of land (the actual
transfer of ownership) must be performed by deed.
Generally, there is no duty of disclosure between parties to a contract; most
contracts are based on the principle of caveat emptor (let the buyer beware).
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However, there are exceptions. For example, insurance contracts have been
based traditionally on the principle of utmost good faith (uberrima fides),
whereby all material facts must be disclosed by both parties. For an insurance
policy, this means that the person applying for the policy must supply all the
facts that a prudent underwriter would need to decide the terms on which the
policy could be issued. Non-disclosure by the customer makes the contract
voidable at the option of the insurance company. In recent years there have
many cases of insurance companies declining seemingly valid claims because
the policyholder failed to disclose information about previous illnesses or
medical consultations, even though the fact would have had no bearing on the
reason for the claim, and the majority of application forms relied on the
applicant to determine, remember and list all such relevant information.
Many of these cases related to critical illness policies, where applicants failed
to disclose a condition for which they had previously visited a doctor. In many
cases the doctor had confirmed that there was not a problem, or had
diagnosed a minor problem that was successfully treated. On later suffering
from a specified critical illness, the policyholders claim was declined due to the
non-disclosure at the application stage. For example, cancer claims have been
rejected because the policyholder failed to declare a doctors consultation
about a skin rash some time before the application was made, which the
doctor diagnosed as a minor irritation and nothing to worry about. In many
cases the Financial Ombudsman found the insurance companys rejection
unreasonable and found in favour of the policyholder. One of the major factors
in many cases was the reliance on the applicant to determine what was
relevant to disclose. Typical questions on the application form would be along
the lines of: Have you ever visited a doctor or suffered from a medical
condition requiring treatment? This required the applicant to remember all
such occasions and decide which, if any, to include. In some cases the insurer
rejected claims on the basis that the policyholder failed to disclose information
that they should have realised was relevant and important, even though no
direct question asked for the information. In recent years the problem has
been exacerbated by many insurers practice of reducing the level of preapplication underwriting and effectively asking medical underwriting questions
when a claim is made, at which point problems may arise.
The situation caused much concern to the regulator and legislators and led to
the Consumer Insurance (Disclosure and Representations) Act 2012, which
came into force on 6 April 2013. In simple terms the Act more clearly defines
the responsibilities of insurance customers, and abolishes the duty of
consumers to volunteer material facts when applying for insurance, instead
requiring them to take reasonable care to answer the insurers questions fully
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Breach of contract occurs when a party fails to perform their side of the
contract and does not have a legal excuse for doing so; several court remedies
are available in these circumstances. The main remedies are to seek damages,
an order for specific performance or an injunction. Of these, by far the most
frequently sought is damages, whereby the injured party seeks to obtain
financial compensation for their loss. The intention is to put them in the
position they would have been in had the contract not been breached by the
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The concept of joint tenants or tenants in common can apply equally to debts,
such as mortgages. In the former case, all borrowers are equally liable for the
whole debt, while in the latter each is responsible for a portion of the debt.
Banks, building societies and other commercial lenders always insist that joint
mortgages are written on a joint tenancy basis.
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6.10
Bankruptcy takes the position a stage further and arises when a persons state
of being insolvent is formalised under the terms of a county court order. A
person can petition to have themselves declared bankrupt or a creditor may
petition to have someone else declared bankrupt. The bankruptcy level, ie the
amount of money owed for which a person can be made bankrupt, is only 750.
The primary UK legislation on insolvency is the Insolvency Act 1986, but this
has been subject to amendments over the years. In 2000, an EU Regulation on
Insolvency Proceedings was adopted and it came into force in 2002. As a
regulation rather than a directive (see Section 1.3.1) it had direct effect in the
UK. To clarify the position in the UK, a number of statutory instruments were
issued including, for example, the Insolvency (Amendment) Rules 2002.
In 2011, there were around 16,886 company liquidations in England and Wales,
of which around 11,883 were voluntary liquidations. In the same year there
were around 119,850 individual insolvencies, of which around 59,000 resulted
in bankruptcies and the remainder were dealt with through individual
voluntary arrangements (see Section 6.10.1).
As a result of the Enterprise Act 2002, which came fully into force in April
2004, most bankruptcy orders now remain in force for 12 months, during
which time the person is said to be an undischarged bankrupt. During this
time, a bankrupt persons possessions are, in effect, surrendered to an Official
Receiver, who can dispose of them and use the cash to pay off the creditors.
The only exceptions are clothing and household items, and work-related items.
Although bankruptcy cancels most kinds of debt and allows people to make a
fresh financial start, it comes at a price: it normally makes it more difficult to
obtain credit in the future and it can affect employment prospects.
One practical effect of bankruptcy is that a person will be unable to borrow,
other than nominal amounts, during the period that the order is in force. Even
after the end of the period, the person must, by law, disclose the existence of
a previous bankruptcy when applying for a mortgage. This may mean that it will
be more difficult for them to obtain a loan or that they may be charged a
higher rate of interest to cover the greater perceived risk.
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6.10.1
6.10.2
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2.
Harry has died without leaving a will. His estate will be distributed by:
(a) An administrator.
(b) A solicitor.
(c) A probate officer.
3.
4.
Marian was married but had no children although her parents were still
alive. She died without leaving a will. If her estate was 600,000, how much
will her husband inherit?
5.
6.
7.
8.
Why do mortgage lenders insist that joint mortgages are always on a joint
tenancy basis?
9.
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Answers
1.
2.
(a) An administrator.
3.
4.
5.
It is the payment (or a promise to pay) for the goods or services that are
the basis of the contract.
6.
Yes, many can, eg contracts for the purchase/sale of unit trusts can be
made by telephone, with a recording of the conversation providing proof.
Contracts for the sale of land, however, must be in writing.
7.
8.
If one borrower should default on the contract, the lender will wish to be
able to obtain full repayment from the remaining borrower.
9.
10. 12 months.
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Unit 2
UK Financial Services
and Regulation
Unit 2
UK financial services and regulation
1.1
1.1.1
1.2
7
8
9
9
10
10
10
11
11
12
15
15
15
16
16
16
17
17
18
18
19
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1.3
19
19
20
1.4
21
26
27
27
28
29
1.5
31
21
23
24
33
33
1.6
34
1.6.1
1.7
35
36
36
36
36
37
37
37
37
38
38
38
38
39
1.7.2.1 Comparisons
1.7.2.2 Past performance
1.7.2.3 Unsolicited promotions
1.7.3 Record keeping
1.7.4 Training and competence
1.7.4.1 Training
1.7.4.1.1 Assessing competence
1.7.4.1.2 Appropriate examinations
1.7.4.1.3 Time limits
1.7.4.1.4 Maintaining competence
1.7.4.1.5 Record-keeping
1.7.4.1.6 Wholesale business
1.7.5 Specific rules for financial advisers
1.7.5.1 Types of client
1.7.5.2 Types of adviser
1.7.5.2.1 Independent advice
1.7.5.2.1.1 Panels
1.7.5.2.1.2 Specialists
1.7.5.2.2 Restricted advice
1.7.5.3 Adviser charges
1.7.5.3.1 Ongoing adviser charges
1.7.5.4 Information about the firm, its services and its charges
1.7.5.5 Client agreement designated investment business
1.7.5.6 Suitability requirements
1.7.5.6.1 Suitability reports
1.7.5.7 Product disclosure
1.7.5.8 Execution only
1.7.5.9 Cooling off and cancellation
1.7.6 Stakeholder-type products
1.7.7 Basic advice
1.7.8 Regulation of mortgage advice
1.7.8.1 Mortgage Market Review
1.7.9 Regulation of general insurance
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40
40
41
41
42
42
42
43
43
43
44
44
44
45
46
47
47
48
48
49
49
50
51
52
53
54
54
55
57
58
62
65
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Section 2
66
66
66
67
68
69
70
70
Money laundering
Introduction
77
2.1
78
2.1.1
78
2.2
Definitions
78
2.3
80
82
82
83
83
2.4
83
2.4.1
Client identification
Financial exclusion
84
2.5
Record-keeping requirements
84
2.6
Reporting procedures
85
2.7
Training requirements
85
2.8
Enforcement
86
2.9
86
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Section 3
Introduction
93
3.1
94
3.1.1 Eligibility
3.1.2 Complaints resolved by next business day
3.1.2.1 Non-reportable complaints
3.1.3 Complaint requirements
3.1.4 Complaint procedures
3.1.4.1 Root cause analysis
3.1.4.2 Record keeping
3.1.4.3 Reporting
3.1.4.4 Publication of complaints information
3.1.4.5 Super Complaints
94
94
95
95
95
96
97
97
97
98
3.2
98
99
100
100
3.3
100
100
101
101
101
102
102
102
102
3.4
103
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Section 4
Data protection
Introduction
109
4.1
109
4.1.1 Definitions
4.1.2 Data protection principles
4.1.3 Enforcement
4.1.4 EU Data Protection Directive
Section 5
110
111
112
113
Introduction
119
5.1
119
119
121
122
123
5.2
125
125
125
126
127
127
5.3
128
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128
128
130
131
5.4
EU directives
132
5.4.1 Banking
5.4.2 Investment
5.4.2.1 Markets in Financial Instruments Directive
5.4.2.1.1 MiFID II
5.4.2.2 Undertakings for Collective Investment in
Transferable Securities
5.4.3 Insurance
5.4.3.1 Life assurance
5.4.3.2 General insurance
5.4.3.3 Insurance intermediaries
133
133
134
135
136
136
136
139
139
5.5
CAT standards
143
5.6
Advertising standards
144
5.7
Banking Regulation
146
146
149
150
151
5.8
Competition Commission
152
5.9
153
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[2] x
Unit 2
UK financial services and regulation
After studying this unit, you will be able to demonstrate knowledge of:
t
how other non-tax laws and regulations impact upon firms and the
process of advising clients.
how the FCAs rules affect the control structures of firms and
their relationship with the FCA;
the main features of the rules for dealing with complaints and
compensation;
how the Data Protection Act 1998 affects the provision of financial
advice and the conduct of firms generally.
[2] 1
[2] 2
Section 1
The Financial Conduct Authority
Introduction
Section 1 covers parts K1, U1, U2 and U3 of the syllabus, including the aims
and activities of the Financial Conduct Authority (FCA); its approach to ethical
conduct and to the regulation of firms and individuals; how its rules affect the
control structures of firms; and how its Conduct of Business rules apply to the
process of advising customers.
In the latter part of the 20th century, there was a strong assertion in Western
societies of the rights of the consumer. Many people believe that, as
commercial organisations have grown through mergers and acquisitions, they
have become more remote from their customers and more concerned with
their own financial results than with customer satisfaction. This is reflected in
the emergence of both government-sponsored organisations, such as the
Office of Fair Trading and the Competition Commission, and openly
consumerist bodies such as Which?
Although some people believe that this trend to consumerism has gone too
far notably in the USA there is a general acceptance that protection for the
consumer is both necessary and appropriate.
One of the primary objectives pursued by most modern governments is an
economic and legal environment in which a balance is established between the
need for businesses to make a profit and the rights of customers to receive a
fair deal. This has led to the regulation, to some degree, of most industries in
the UK but, at the same time, the government recognises the right of
companies to make a profit. Indeed, it recognises that it is essential that
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Societies Act 1986 and the Banking Act 1987. Increased competition was
beneficial for customers who, in addition to having a much wider choice of
both products and providers, saw a reduction in the cost of many products.
The increased size and complexity of the financial marketplace, however,
quickly revealed the inadequate protection afforded to customers by existing
legislation. Many existing laws, such as the Prevention of Fraud (Investments)
Act 1958, were quite inadequate to deal with what was now a much more
sophisticated and competitive industry.
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protect consumers;
The FCA has product intervention powers, which means that it is able to act
quickly to ban or impose restrictions on financial products if it thinks that they
are not in the best interests of consumers due to complexity or suitability. It
also has the power of disclosure to publish details of warning notices issued in
relation to disciplinary action and to take formal action against misleading
financial promotions and publicise the fact that it has done so.
The PRA and the FCA jointly take over the FSAs former responsibilities in
relation to the Financial Services Compensation Scheme (FSCS), and the FCA
takes over the FSAs former responsibilities in respect of the Financial
Ombudsman Service (FOS) and the Money Advice Service.
[2] 8
It would be impossible to explore every area in this text that is covered by the
FCA Handbook. It will, however, cover the areas of greatest interest to financial
advisers and mortgage advisers in sufficient detail to enable them to carry out
their activities in an efficient, safe and well-regulated manner.
general provisions;
fees manual;
[2] 9
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[2] 10
the skill, care and diligence with which a firm must conduct its
business;
the way in which a firm must manage conflicts of interest fairly, both
between itself and its customers and between one customer and
another;
the adequate protection that a firm must arrange for clients assets
when it is responsible for them;
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t
the relations with regulators of a firm, which must deal with its
regulators in an open and co-operative way, and must disclose anything
which the FCA or PRA would reasonably expect it to notice.
There are seven further statements of principle for members of staff who are
approved persons and are carrying out controlled functions (see Section
1.7.1 for a definition of approved persons and controlled functions). These
statements of principle specifically stress that approved persons must, while
carrying out controlled functions:
t
deal with the FCA and PRA and with other regulators in an open and
co-operative way.
As you can see, the first four statements of principle are taken directly from
the Principles for Business (see section 1.2.7).
In addition to these, there are three principles that apply to persons who are
in positions of significant influence in a firm (ie those who carry out senior or
supervisory functions). Such persons must:
t
exercise due skill, care and diligence in managing the business of the firm;
take reasonable steps to ensure that the business of the firm complies
with the relevant requirements and standards of the regulatory system.
There is also the danger that it is sometimes possible for firms to hide behind
the rules, using loopholes or technicalities to their own advantage.
The former regulator, the FSA, was aware of this potential drawback to their
complex system of rules and has introduced an initiative known as Treating
Customers Fairly (TCF). The aim of the scheme, which is being taken very
seriously by the new regulator, the FCA, is to develop a more ethical frame of
mind within the industry, leading to more ethical behaviour at every stage of
firms and individuals relationships with their customers, who in turn should
become more capable and confident regarding financial products. This is an
important part of the move to a principles-based form of regulation.
What exactly is meant by Treating Customers Fairly? Clearly, it depends on the
definition of fair, but the regulator has declined to supply a definition, claiming
that fairness is a concept that is flexible and dynamic and that it can vary with
particular circumstances. Instead, firms will have to decide for themselves
exactly what TCF means within their own context. What is clear is that the
FCA intends that TCF will apply at every stage throughout the life cycle of
financial products, beginning with product design. All the stages that follow
including sales and marketing, advice and selling, and administration must also
be carried out with TCF in mind, and this carries through into all post-sales
activities such as claims handling and, where necessary, dealing with complaints.
Firms and employees must embed the principle of Treating Customers Fairly
into the firms culture and day-to-day operations.
Despite failing to specify what fairness entails, the FCA has given some
guidance on the types of behaviour it would wish to see and has suggested a
number of areas that a firm should consider. These include:
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consumers will be confident that the firms they are dealing with are
committed to fair treatment of customers;
any advice given is suitable for the customer, taking account of their
circumstances;
Since 2009, firms have had to demonstrate to the regulator that they are
consistently treating their customers fairly. This can be done by means of a
review and report showing how they are delivering the six consumer
outcomes described above.
[2] 14
The exact nature of the systems and controls used by a firm is left to its
discretion but it must be able to demonstrate that these systems and controls
are appropriate.
1.2.9.1 A clear chain of responsibility
Senior managers will be held personally responsible for the firms activities but
in many large firms it is not realistic for them to do everything themselves.They
must, therefore, identify specific individuals within the firm to take
responsibility for specific areas of activity. These individuals must be made
aware of their areas of responsibility and records must be kept showing a clear
chain of responsibility.
1.2.9.2 Systems and controls
A firm must implement systems and controls that are appropriate to its
business. These systems and controls must be clearly documented and
regularly reviewed. They will relate to a wide range of the firms activities,
including:
t
compliance;
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t
a strategy for controlling business risks and for recovering from serious
problems such as fire or computer failure;
1.2.9.3 Whistle-blowing
Firms should have whistle-blowing procedures in place to enable employees to
report serious inappropriate circumstances or behaviour within the firm,
which they believe are not being addressed. Workers who wish to report their
knowledge or suspicions regarding, for example, a failure by the firm to comply
with legislation, have a right to protection under the Public Interest Disclosure
Act 1998. The firms procedures should assist staff and not hinder them in the
whistle-blowing process.
1.2.9.4 The role of oversight groups
It is appropriate that all aspects of the activities of financial services institutions
should be kept under review to ensure that the investments of both
shareholders and customers are being handled safely and honestly and that the
institution is abiding by all the relevant laws and regulations that apply to it, in
the best interests of all its stakeholders. This oversight of an institutions
business can take a number of different forms, of which three are described
briefly here for illustration purposes.
1.2.9.4.1 Auditors
External auditors are concerned particularly with published financial
statements and accounts. They are independent of the institution whose
accounts are being audited; they are normally firms of accountants, and it is
their responsibility to provide reasonable assurance that published financial
reports are free from material mis-statement and are compiled in accordance
with legislation and with appropriate accounting standards. They must conform
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1.2.11
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1.2.12
accepting deposits;
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t
managing investments;
advising on investments;
Permission is given in the form of a list of regulated activities that the firm is
allowed to carry out; it also shows the regulated investments with which the
firm is allowed to deal. The relevant section of the Financial Services and
Markets Act (FSMA) 2000 under which permission is granted is Part IV as a
result, this form of permission is often referred to as Part IV permission.
deposits;
mortgage contracts.
The FCA defines two key categories of regulated investments: securities (such
as shares, debentures and gilts) and contractually based investments (including
life policies, personal pensions, options and futures).
[2] 20
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that any losses made on traditional banking business such as debts written
off when borrowers default should be carried by the institutions
shareholders and not by the investors whose deposits provide the funds that
the institution lends out. Current regulations require credit institutions to keep
a solvency ratio of at least 8 per cent. This means that their own funds must
amount to at least 8 per cent of their risk-weighted assets. In practice,
institutions normally keep more than the required 8 per cent.
Own funds means the banks paid-up share capital, plus any retained profits.
The risk weighting of assets is a process that is largely self-explanatory. Since
the solvency ratio is designed, broadly speaking, to calculate how much an
institution must hold to cover the risk of loss on its lending (its credit risk),
each asset is categorised according to risk. The percentage contribution of the
less risky assets to the risk-weighted total is less than that of the more risky
assets, as in the following table of examples.
Figure 1: Example percentage contributions to a banks riskweighted lending total
0%
20%
50%
100%
Unsecured loans.
Under Basel II, the minimum capital requirements for credit risk remain
broadly as described above, although there is more flexibility to reflect the
business of individual institutions.
Capital requirements for operational risk are included for the first time in
Basel II. Operational risk is the risk of loss from failed or inadequate internal
processes, people and systems, or external events: this might include computer
failure, a serious earthquake or staff fraud. The basic approach to calculating
the capital required is to multiply the institutions gross annual income
(averaged over the past three years) by 0.15. Insurance held against the events
happening cannot be offset against this. For large organisations with different
business lines, a more sophisticated system (called the standardised
approach) can be applied, using different multiplying factors for each line.
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Own account dealers, who deal as principal on their own account, are
required to hold capital of the equivalent of b730,000.
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the 4 per cent rule, provided that they could show that they were taking steps
to rectify the situation. This would normally mean taking action to reduce their
prospective liabilities, for instance by reducing the levels of annual bonuses and
terminal bonuses on with-profits policies.
The directive also sets out the components of a companys solvency margin,
including:
t
1.4.4 Liquidity
Liquidity can be defined as the ease and speed with which an asset can be
converted into cash and thus into real goods and services without
significant loss of capital value. It must not be confused with insolvency, or with
capital adequacy, which are different issues.
The question of liquidity has been at the heart of the credit crunch and the
general economic difficulties affecting many countries in the latter part of the
2000s.The UKs central bank, the Bank of England, has had to operate in its role
as lender of last resort to rescue banks whose liquidity was inadequate.
In relation to banks, the definition of liquidity is a measure of a banks ability to
acquire funds immediately at a reasonable price in order to meet demands for
cash outflows. The regulators define liquidity risk as the risk that a firm,
though solvent, does not have sufficient financial resources available to enable
it to meet its obligations as they fall due.
The situation of Northern Rock in 2007 illustrates the problems that can arise.
t
The bank had a business plan that involved borrowing money short term
on the money markets on a regular basis to fund a proportion of its
(much longer-term) mortgage lending. The success of the plan depended
on the continuing availability of short-term interbank lending, and when
this dried up, the banks liquidity quickly disappeared.
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In assessing liquidity risks that they may face, banks need to consider the timing
of both their assets and their liabilities, and endeavour to match them as far
as possible.
t
Asset liquidity: a firms assets can provide liquidity in three main ways:
by being sold for cash, by reaching their maturity date, and by providing
security for borrowing. Asset concentrations, where a large number
of receipts from assets are likely to occur around the same time, should
be avoided.
Basel III is introducing a new Liquidity Requirement (LCR) for banks (see
below)
1.4.4.1 Systems and controls
The regulator establishes liquidity risk standards, with the primary objectives
of promoting consumer protection and market confidence.These are, however,
couched in broad terms, as the regulator recognises that the appropriate types
of system and control may vary between companies. The requirements are
documented in SYSC11, part of the PRA Handbook regulations relating to
Senior Management Arrangements, Systems and Controls.
t
Banks and other deposit takers are required to have adequate risk
management systems in place to identify, measure, monitor and control
liquidity risk on an ongoing and forward-looking basis.
They are required to carry out stress testing, in other words to use
computer-based simulations to examine how their liquidity would be
affected by both firm-specific and market-wide crisis scenarios.
t
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2.
3.
4.
5.
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macroprudential, system wide risks that can build up across the banking
sector as well as the procyclical amplification of these risks over time.
[2] 28
The CRD IV reforms were expected to come into force on 1 January 2013 but
implementation has been delayed as EU governments and lawmakers could not
agree on how the international rules should apply. However, in April 2013, the
European Parliament formally adopted the CRD IV legislative package. There
are two proposals in the EU package: the Capital Requirements Regulation
(CRR), and the Capital Requirements Directive (CRD). The CRR contains the
Pillar 1 and Pillar 3 requirements and the CRD contains the requirements for
Pillar 2, supervisory review and the buffers framework. The CRR will be
directly applicable and therefore will not be transposed via the PRA
Handbook; the CRD will still need to be transposed via a mixture of Treasury
regulations and PRA Handbook.
Single Rule Book the CRD IV package will be a key instrument through which
the Commission intends to introduce substantive parts of the new European
supervisory architecture, including the development of the Single Rule Book
for financial services, which the UK signed up to at the June 2009 European
Council. The objective driving the development of the Single Rule Book is to
replace separately implemented rules within Member States, with a
harmonised approach to implementation across the EU.
Timescales the CRD remains subject to a detailed review of legal drafting and
translation into other official EU languages, and formal adoption by ministers.
If translation can be completed in time for the legislation to be published
before 1 July 2013, implementation of CRD IV will be from 1 January 2014. If
it is published from 1 July 2013, implementation will be from 1 July 2014. On
the basis of the indicated desire of the EU institutions, the PRA is currently
planning on the basis of implementation from 1 January 2014. The capital
requirements will be phased in gradually over several years.
1.4.6 Solvency II
Solvency II is a fundamental review of the capital adequacy regime for the
European insurance industry. It aims to establish a revised set of EU-wide
capital requirements and risk management standards with the aim of increasing
protection for policyholders. The strengthened regime should reduce the
possibility of consumer loss or market disruption in insurance.
Solvency II will be adopted by all 27 European Union (EU) Member States plus
three of the European Economic Area (EEA) countries. As a consistent
European standard, Solvency II should protect policyholders interests more
effectively by making firm failure less likely, and by reducing the probability of
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risk-based capital;
supervisory assessment.
The new regime will apply to all insurance firms with gross premium income
exceeding b5m or gross technical provisions in excess of b25m. Some
insurance firms will be out of scope depending on the amount of premiums
they write, the value of technical provision, or the type of business written.
The Solvency II Directive will go live for supervisors and the European
Insurance and Occupational Pensions Authority (EIOPA) on 30 June 2013. The
Solvency II requirements will replace the Solvency I requirements on 1 January
2014. It is clear, however, that this Solvency II timetable is not feasible. EU
Member States cannot implement the Solvency II framework by the set dates,
for the simple reason that it is not finalised. Many people expect
implementation to be put back to January 2016.
[2] 30
It recognised that regulation has to be built on realistic aims and has stated that
it would not aim to prevent all failure. The FSA stressed not only the
responsibilities of firms own management in this regard, but also the need for
consumers to take some responsibility for their own decisions. This appeared
to be a tacit admission that there is a danger in the 21st century of
consumerism going too far and eventually acting to the detriment both of
providers and of consumers themselves.
The FSA claimed that its new approach would integrate and simplify the
different approaches employed by its predecessors.
The FSAs successor, the FCA, has confirmed that it will supervise using a riskbased and proportionate approach, recognising diversity among firms and
markets. They have stated that they will act more quickly and decisively and be
more pre-emptive in identifying and addressing problems before they cause
harm. This approach means that they will focus their attention on the bigger
issues, either in individual firms or within and across sectors, and have a more
open, engaged and challenging approach with firms at the senior management
and board level than the FSA did.
The new approach will be underpinned by judgement-based supervision. This
means that they will make supervisory judgements about a firms business
model and forward-looking strategy, and will intervene if they see unacceptable
risks to the fair treatment of customers. Essentially, they will be looking for
firms to base their business model, their culture, and how they run the
business, on a foundation of fair treatment of customers as set out in the
Treating Customers Fairly (TCF) initiative.
The starting point in describing how they will supervise a firm is to say which
one of their four conduct supervision categories a firm falls into: C1, C2, C3
or C4.
At the time of writing (April 2013), the list of firms in each category is still to
be finalised, but essentially the categories are as follows:
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C1: banking and insurance groups with a very large number of retail customers
and investment banks with very large assets and trading operations;
C2: firms across all sectors with a substantial number of retail customers and
large wholesale firms;
C3: firms across all sectors with retail customers and a significant wholesale
presence;
C4: smaller firms, including almost all intermediaries.
Firms are categorised according to their potential impact on the FCAs
objectives. The category they place a firm in determines the style of
supervision they carry out.
Their categorisation they will use a combination of current impact measures,
retail customer numbers and some measures of market impact.C1 and C2
firms will be classed as fixed portfolio, which means they will have a
nominated supervisor. The vast majority of firms will be C3 and C4 firms and
classed as flexible portfolio, which means they will be supervised by a team of
sector specialists and not have a nominated supervisor similar to the way the
FSA previously supervised smaller firms.
Overall, the new categorisation means they will have supervisors allocated to
firms with the greatest potential to cause risks to consumers or market
integrity.
The FCAs supervision model is based on 3 pillars:
1.
2.
3.
[2] 32
The FCA is to work closely with the PRA to exchange information that is
relevant to their own individual objectives, but will act separately when
engaging with firms.
One example where the cooperation between the FCA and the PRA is
particularly important is in the supervision of insurers with with-profits
business because the returns from such investments are not well-defined and
impact on, or depend on, prudential as well as performance criteria. As part of
its continuous assessment of an insurers financial soundness, the PRA will
ensure that any discretionary benefit allocations (such as discretionary
bonuses) are compatible with its continued safety and soundness.The FCA will
monitor whether the proposed allocations are consistent with the insurers
previous communications to policyholders, that conduct in communicating and
administering such payments are in line with their conduct rules, and that the
insurers overriding obligation to TCF is maintained.
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Unit 2
contravening regulations;
falsifying documents;
The person who is appointed to carry out the investigation on the FCAs
behalf has the power to:
t
demand that any person (whether or not they are being investigated or
are connected with the person under investigation) provide documents.
In the case of a specific investigation, any person can also be required to
answer questions or provide information.
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The FCA has a new power, which is to announce that it has begun
disciplinary action against a firm, although they will have to consult the
recipient of the warning notice before publishing.
Before taking action against a dual-regulated firm, the FCA will consult with the
PRA. If the decision is relevant to both regulators, they will decide whether it
is best to pursue a joint investigation, or for one of them to act alone, keeping
the other informed of developments and findings.
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Unit 2
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an investment adviser;
investment management;
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Unit 2
telephone calls;
presentations to groups.
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Unit 2
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1.7.2.1 Comparisons
Comparisons with other products must be meaningful, and presented in a fair
and balanced way. Markets in Financial Instruments Directive (MiFID) firms are
subject to additional requirements to detail the source of information and the
assumptions made in the comparison.
1.7.2.2 Past performance
Past performance information must not be the most prominent part of a
promotion. It must be made clear that it refers to the past, and it must contain
a warning that past performance is not necessarily a reliable indicator of future
results. Past performance data must be based on at least five years (or the
period since the investment commenced, if less, but not less than one year).
1.7.2.3 Unsolicited promotions
There are particular rules about unsolicited non-written promotions (cold
calls), as follows.
t
The caller must check that the recipient is happy to proceed with the call.
The caller must also give a contact point to any client with whom they
arrange an appointment.
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Unit 2
Following rule changes at the start of 2011, the Training and Competence
sourcebook was moved into the High Level Standards part of the Handbook
to reflect its increased importance.
These training and competence rules cover the following areas.
1.7.4.1 Training
Firms must, at appropriate intervals, determine each employees training needs
and must organise training that is both appropriate and timely. The success of
the training in achieving its objectives must be evaluated.
1.7.4.1.1 Assessing competence
Employees must not be allowed to engage in carrying out any of the activities
covered by these rules until the employer is satisfied that the employee has:
t
Individuals must work under close supervision until they have been assessed
as competent. Individuals must not be assessed as competent until they have:
t
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The ifs School of Finances Diploma for Financial Advisers (DipFA) and the
Certificate in Mortgage Advice and Practice (CeMAP) are examples of
appropriate examinations for financial advisers and for mortgage advisers,
respectively.
1.7.4.1.3 Time limits
If an employee carries on a regulated activity, the employer must ensure that
that employee attains an appropriate qualification within 30 months of starting
to carry on that activity.
1.7.4.1.4 Maintaining competence
As well as ensuring that employees become competent, firms must have
definite arrangements in place for ensuring that they maintain that
competence. A review must take place on a regular and frequent basis to assess
the employees competence and take appropriate action to ensure that they
remain competent for their role, taking account of such matters as:
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Unit 2
initial assessments;
Professional client: this category includes all the bodies that would
otherwise be eligible counterparties, except for the fact that they
require a higher level of service than would apply to eligible
counterparty business, eg they require advice, in addition to execution
of transactions. This category also includes other types of large clients,
particularly other institutional investors whose main activity is to invest
in financial instruments. When dealing with professional clients, advisers
can assume an adequate level of experience and knowledge and an
ability to accept financial risks.
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Restricted advisers any firm or adviser that does not meet the
requirements to be independent will, by default, be providing advice that
is restricted. This is designed to reflect the idea of genuinely
independent advice being free from any restrictions that could impact
on the ability to recommend whatever is best for the customer. The
restrictions may be in respect of product providers or products.
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Unit 2
The term retail investment product includes not just packaged products,
but also structured investment products, investments trusts, unregulated
collective investments schemes and all other investments that offer
exposure to underlying assets but in a packaged form which modifies that
exposure when compared with a direct holding of that financial asset.
It is the firm who actually provides the advice to the client which could be
independent or restricted, or both, and a key question to ask when
determining status is whether a firm cannot or will not ever recommend a
product type or a product provider, even if that product or that product
provider would be suitable for a client. However, the nature of the advice is
also assessed at personal recommendation level.
The independent regime has been widened to include advising on exchange
traded funds, structured products, at-risk products and unregulated collective
investment schemes, etc., thus extending the product range that independent
advisers are required to consider beyond that of the current packaged
product regime. What has also changed is that any firm advising retail clients
on any of these products will be drawn into the regulatory regime of the
financial adviser and, as such, be subject to the requirements for independence
and adviser charging (see Section 1.7.5.3). This is of particular importance to
the stockbroking and wealth management community.
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For example, a firm that only advises on direct shareholdings currently falls
outside the new regime. However, should it wish to include investment trusts
in its client recommendations, it must take account of all of the implications of
the Retail Distribution Review, including deciding whether to offer
independent or restricted advice, because these products fall within the
definition of retail investment product.
1.7.5.2.1.1
Panels
The new rules do not prohibit, or even restrict, the use of panels or best advice
lists by firms wishing to hold themselves out as independent, but any panel or
best advice list should be reviewed regularly and updated as necessary. A firm
would need to ensure that any panel is sufficiently broad in its composition to
enable the firm to make personal recommendations based on a comprehensive
and fair analysis of the relevant market. The use of a panel must not materially
disadvantage any client.
The firm must recognise that there may be clients for whom the panel doesnt
work. It should therefore be possible for advice off-panel to be available
where a different product or product provider would provide a more suitable
outcome for that client.
1.7.5.2.1.2
Specialists
The rules relating to independent advice are at the firm and personal
recommendation level. Every adviser working in a firm describing its advice as
independent needs to ensure that each personal recommendation meets the
definition of independence. This does not, however, prohibit firms having
advisers specialising in certain areas. The key point to note is that specialists
claiming to offer independent advice must meet the independence rule in
every personal recommendation they provide. If any specialists within a firm
do not meet this requirement, the firm should not hold itself out as
independent.
For example, a firm providing independent advice has three advisers, each with
their own specialist area. The IHT specialist has a client for whom a personal
pension might be appropriate. He consults the pension expert to seek his
advice and guidance. The personal recommendation provided to the client by
the IHT expert would meet the independence rule, provided that the
recommendations of the pension expert would also meet the independence
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Unit 2
The firm must ensure that the charging structure it discloses to its client at the
outset reflects as closely as possible the total charges that are to be paid. If the
firms charging structure is based on hourly rates, it must state whether the
rates are indicative or actual and provide an approximate indication of the
number of hours that the provision of each service is likely to require.
The firm may include the information about total adviser charges in a suitability
report.
1.7.5.3.1 Ongoing adviser charges
A firm cannot use an adviser charging structure that entails payments by the
client over a period of time unless the service being provided is ongoing and
this has been disclosed to the client at the outset. The client must be provided
with a right to cancel the service, without penalty and without having to give
a reason.
1.7.5.4 Information about the firm, its services and its charges
Before any business is discussed, the adviser must disclose to the client certain
information about themselves and the services they provide, including the
costs of those services. The information which must be provided includes:
t
The name and address of the firm and contact details necessary to
enable a client to communicate effectively with the firm;
The methods of communication used between the firm and the client;
A statement of the fact that the firm is authorised and the name of the
regulator that has authorised it (FCA if in the UK, or the name of the
competent authority that has authorised the firm if the it is not based in
the UK i.e. MiFID business);
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Unit 2
t
The firm must make available to a client who has used or intends to use
their services details of the Financial Services Compensation Scheme
(FSCS) and the Financial Ombudsman Service.
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Unit 2
The suitability rules specifically require advisers to take all reasonable steps to
ensure that the client understands the nature of any risks implicit in the
product proposed. Examples are whether or not the customers capital will be
returned in full or whether or not the level of life cover is sustainable for the
duration of the term without an increase in premiums. The extent of these
requirements will depend on the clients experience and knowledge of the type
of product under consideration.
Advisers must also determine the customers risk profile: in other words, how
much risk, if any, is the customer willing to take with their capital?
The information obtained through the factfind must be retained for a specified
period of time, depending on the nature of the product recommended. These
periods are:
t
five years for life policies, pension contracts and MiFID business;
In practice, advisers will wish to retain the information in all cases for as long
as they believe they may be required to justify the advice and
recommendations given.
1.7.5.6.1 Suitability reports
Advisers must recommend the product or service that is most suitable for the
client, based on the information supplied by the client and on anything else
about the client of which the adviser should reasonably be aware. The
recommendation must be solely in the best interests of the client and no
account should ever be taken of the remuneration that may be payable to the
adviser.
A suitability report explains why the particular product recommended is
suitable for the client based on their particular personal and financial
circumstances, their needs and priorities as identified through the fact-finding
process and their attitude to risk (both in general terms and in relation to the
specific recommendations made). The report should also identify any potential
disadvantages of the transaction for the client, such as any lock-in period. It
should be clear and concise and written in plain English.
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life policies;
pension policies;
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Unit 2
t
For life and pensions policies and contracts of insurance which are, or
have elements of, a pure protection contract or payment protection, the
period is 30 days;
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The notice must be sent by post direct from the product provider to the client
and the notice runs from the date when the contract begins or from the date
on which the client receives contractual terms if this is later.
The client can withdraw from the contract without penalty at any time during
the cooling off period without any commitment or loss, by signing and
returning the cancellation notice to the product provider.
Generally, the client will receive a full refund of any premiums paid if they
cancel the contract during this period. The exception to his is where the client
invests in a lump sum unit-linked investment (such as a unit trust, OEIC or
investment bond) where money has been invested and the value of the
investment has fallen. Under these circumstances, the client is entitled to a
refund of the reduced investment; no charges can be taken but an adjustment
can be made to reflect the fall in value of the investment. This is to prevent
people cancelling due to falls in the market. This risk should be explained to
the client before the contract is entered into.
At the time the product purchase is made, the adviser must also explain
whether the client is liable to pay any outstanding adviser charges if they
decide not to proceed with the product and send back the signed cancellation
notice.
The Sandler report suggested that there were three main reasons why the
industry seemed to be failing to serve large portions of the population who
have urgent and genuine financial needs. The government is particularly
concerned about the so-called savings gap, ie the failure of many people to
provide adequate funds for their retirement. The report cited:
t
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Unit 2
t
the failure of the industry to attract and engage with the majority of
lower- and middle-income consumers;
Sandler suggested the development of a suite of simple, low-cost, riskcontrolled products that would appeal to a target audience comprising the less
financially sophisticated. The phrase stakeholder was coined to describe such
products indeed it had already been introduced with the concept of
stakeholder pensions (see Section 3.6.3 of Unit 1) although they are still
commonly referred to, for obvious reasons, as Sandler products.
It was felt that a simpler sales regime would require less complex regulation,
thereby reducing costs. In addition to this, more direct cost-reducing measures
were suggested, including a cap on charges. After considerable heated debate
about the appropriate level for charges, the maximum permitted annual charge
for the investment products was set at 1.5 per cent for the first ten years of
the life of a product and 1 per cent thereafter. For stakeholder pensions
arranged prior to 6 April 2005, charges are capped at 1 per cent throughout.
The suite of stakeholder products initially included five types of product:
t
the Child Trust Fund. No new CTFs have been available since the end
of 2010, but existing CTFs will continue in force.
[2] 56
have their priority needs met (i.e. they do not need to reduce existing
debt, have adequate access to liquid cash, and have their core protection
needs met);
When a firm first has contact with a client with a view to giving basic advice
on a stakeholder product, the client must be provided with a basic advice initial
disclosure document, or a services and costs disclosure document that
contains information about the basic advice service.
When giving basic advice, it must do so using a single range of stakeholder
products, and a sales process that includes putting pre-scripted questions to
the client. They must not describe a product that it outside the firms range,
recommend a particular fund, or recommend the level of contributions
required to be made to achieve a specific income in retirement.
A stakeholder product can only be recommended if:
t
reasonable steps have been taken to assess the clients answers to the
scripted questions and any other facts disclosed by the client during the
basic sales process;
there are reasonable grounds for believing that the stakeholder product
is suitable for the client; and
the client understands the basis upon which the advice has been
provided.
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Unit 2
The client must be provided with enough information about the nature of the
stakeholder product, including its aims, commitment and risks, to make an
informed decision about the recommendation being made to them. The client
must be provided with a copy of the completed questions and answers as soon
as possible after concluding the sale.
A record must be kept of the fact that the firm has chosen to give basic advice
to a particular client, including the range of stakeholder products used. This
record must be retained for 5 years.
A firm providing basic advice may use the same stationery as it does for other
business purposes, provided that it does not mislead the client into believing
that the firm is acting or advising independently.
Basic advice may be provided wholly through an automated system, but it is
recognised that the basic advice process may necessitate the involvement of a
facilitator to provide ad hoc help and to support the consumer.There are two
ways this can be achieved:
t
debt consolidation loans and equity release schemes such as home income
plans, but that buy-to-let mortgages will not normally be covered.
The rules cover lending, administration, advice and the arranging of loans.
Banks, building societies, specialist lenders and mortgage intermediaries will
need authorisation.
The sales process must distinguish between cases where advice is given and
those where only information is given and a series of pre-determined
questions is used as a filter through which a client can narrow down the
selection of mortgages. In the latter case, sales staff must ensure they do not
stray into the area of giving advice.
Where advice is given, it must be based not only on a consideration of which
mortgage best suits the clients needs, but also on the affordability of the
scheme for that client. This might include, for instance, recognising the impact
of any possible increase in interest rates on a variable rate mortgage.
Determination of the suitability of a mortgage involves three stages:
t
selecting the best mortgage and mortgage provider to meet the clients
needs and circumstances.
Mortgage advisers, arrangers and lenders now come under the scope of the
Financial Ombudsman Service and the Financial Services Compensation
Scheme.
Mortgage advisers are outside the scope of MiFID, and the Mortgage Conduct
of Business Rules continue unchanged.
The structure of the MCOB rulebook is as follows.
MCOB 1: Application and purpose. This explains the scope of the rules, ie
whom they apply to and what types of mortgages.
MCOB 2: Conduct of business standards: general. This includes: the use of
correct terminology (early repayment charge and higher lending charge); the
requirement for communications with customers to be clear, fair and not
misleading; rules about the payment of fees/commission; and the accessibility
of records for inspection by the FCA.
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Unit 2
MCOB 7: Disclosure at start of contract and after sale: After the first mortgage
payment is made, the lender must confirm: details of amounts, dates and methods
of payment; details of any related products such as insurance; the responsibility
of the borrower to ensure that (for interest-only mortgages) a repayment
vehicle is in place; what the customer should do if they fall into arrears.
Annual statements must be issued, showing: the amount owed and remaining
term; what type of mortgage it is, and for interest only a reminder to check the
performance of the repayment vehicle; interest, fees or other payments made
since the last statement; any changes to the charges tariff since the last statement.
If a change is to be made to the monthly payment, the customer must be
informed of the new amount, revised interest rate and date of the change.
MCOB 8 and 9: Equity release. Special rules apply to equity release in relation
to advising and selling standards , and to product disclosure.
MCOB 10: Annual percentage rate. This describes how to calculate APR.
MCOB 11: Responsible lending. Lenders must put in place a written responsible
lending policy, and must be able to show that they have taken into
consideration a customers ability to pay when offering a mortgage.
MCOB 12: Charges. Excessive charges are not permitted. Early repayment
charges must be a reasonable approximation to the costs incurred by the
lender if borrower repays the full amount early. Similarly, arrears charges must
be a reasonable approximation to the cost of additional administration as the
result of a borrower being in arrears.
MCOB 13: Arrears and repossessions. Firms must deal fairly with customers
who have mortgage arrears or mortgage shortfall debts; this includes: trying to
reach an agreement on how to repay the arrears, taking into account the
borrowers circumstances; liaising with third party sources of advice; not
putting unreasonable pressure on customers in arrears; repossessing a
property only when all other reasonable measures have failed. Records must
be kept of all dealings with borrowers in arrears.
Customers in arrears must be given the following information within 15
working days of becoming aware of arrears: the Money Advice Service
information sheet Problems paying your mortgage on what do when in
arrears; the missed payments and the total of arrears including any charges
incurred; the outstanding debt; any further charges that may be incurred unless
arrears are cleared.
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Unit 2
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Lenders will have to carry out a stress test to check that mortgage
applicants will be able to afford the payment should interest rates rise.
Lenders will be allowed to form their own internal view of future
interest rate rises, provided they can justify the basis used to form this
view by reference to some independent forecast of market
expectations. Furthermore, firms will not be expected to make their
interest rate assumptions public. The purpose of the stress test is to
encourage lenders to take reasonable steps to factor expected changes
in interest rates into their affordability assessments.
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Unit 2
t
Lenders will be required to carry out a review at least once during the
term of an interest-only mortgage to check that the customers
repayment strategy is still in place and still has the potential to repay the
capital borrowed.
All sales that involve spoken or other interactive dialogue with the
consumer will be advised.
The exception to this will be in the case of business borrowers, high net
worth individuals and mortgage professionals, who will be permitted to
proceed with application on an execution-only basis. Evidence will need
to be retained that the individual falls into one of these categories, and
that they dont fall under the vulnerable customer definition, in which
case they will not be able to opt out of the advice process. In the case
of joint applications where only one party is a mortgage professional,
advice will have to be given to the non-professional.
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Unit 2
insurance mediation;
The identity of the firm and the purpose of the call must be made
explicitly clear at the beginning of any telephone communications.
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ICOBS 3 also covers e-commerce activities and states that a firm must make
the following information easily, directly and permanently accessible.
t
Name.
Address.
Other rules include: that any prices advertised must be clear and unambiguous,
and the firm must indicate whether the price includes relevant taxes; and that
any unsolicited commercial communication sent by email must be clearly
identifiable as such as soon as it is received by the recipient.
1.7.9.4 ICOBS 4 Information about the firm, its services and
remuneration
ICOBS 4 states that a firm must provide a consumer with at least the following
information.
t
Whether a pure reinsurer has more than a 10 per cent holding in the
firm.
The procedures for making complaints to the firm and the Financial
Ombudsman Service.
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Unit 2
Prior to the conclusion of a contract, a firm must tell the consumer whether:
t
A firm must provide details to a customer of any fees, other than premiums,
that are payable for insurance mediation activity before the fee is incurred. If
an exact fee cannot be given, it must disclose the basis for its calculation.
An insurance intermediary must, on a commercial customers request,
promptly disclose the commission that it or any associate may receive in
connection with a policy.
A firm must use an initial disclosure document (IDD) or combined initial
disclosure document (CIDD) to disclose status, scope of service and fees.
1.7.9.5 ICOBS 5 Identifying client needs and advising
ICOBS 5 states that:
t
a firm should take reasonable steps to ensure that a customer only buys
a policy for which he or she is eligible to claim benefits;
if a firm finds that parts of the cover do not apply, they should inform
the customer so that they can make an informed choice;
a firm should explain the duty to disclose all material facts, what this
includes, and the consequences of non-disclosure;
the firm must take reasonable steps to ensure the suitability of its advice
to any customer who is entitled to rely upon its judgment, taking
account of costs, exclusions, excesses, limitations and other conditions.
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contract term;
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Unit 2
t
cancellation information;
30 days for contracts of insurance which is, or has elements of, pure
protection (eg critical illness) or payment protection;
Firms are free to offer more generous cancellation terms than this, provided
that they are favourable to the consumer.
The right to cancel does not apply to the following:
t
pure protection policies of six months or less, which are not distance
contracts;
On receipt of the cancellation notice the insurance company must return all
premiums paid within 30 days, and the contract is terminated.
1.7.9.8 ICOBS 8 Claims handling
ICOBS 8 covers claims handling. If claims are handled by an intermediary, the
insurance company must ensure that the rules are complied with, ensuring no
conflict of interest. Claims must be handled promptly and fairly, and the firm
must provide reasonable guidance to help the policyholder make a claim. The
firm must not unreasonably reject a claim.
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Breach of a condition of the contract unless the circumstances of the claim are
connected to the breach.
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Unit 2
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2.
3.
4.
What, according to the FCA, must be embedded into the culture and dayto-day operations of authorised firms?
5.
Whose rights are protected by the Public Interest Disclosure Act 1998?
(a) Borrowers who fall into arrears.
(b) Whistle-blowing employees.
(c) Bank/building society deposit account holders.
6.
What are the two forms of market abuse defined by the EU?
7.
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Unit 2
9.
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Answers to questions
1.
2.
3.
In an open and co-operative way, disclosing anything that the FCA or PRA
might reasonably expect to be told.
4.
5.
(b)Whistle-blowing employees.
6.
7.
8.
9.
Operational risk.
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Unit 2
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Section 2
Money laundering
Introduction
There is no formal definition of financial crime. It includes many kinds of
financial fraud, criminal market conduct such as insider trading, the funding of
terrorism, and money laundering.
The prevention of the use of financial systems for money laundering purposes
has, for many years, been a key objective of most national, European and
international communities. In 1989, the Financial Action Task Force on Money
Laundering (FATF) was created as an international body dedicated to the fight
against criminal money. The FATF has over 30 members including the European
Commission and many of the EU member states.
One indication of the scale of the problem is that, in the 12 months from
October 2011 to September 2012, the Serious Organised Crime Agency (see
Section 2.3.2) received 277,000 suspicious activity reports (SARs).
Because money laundering is such a high profile issue, it forms a separate part
of the Unit 2 syllabus, and will be dealt with in some detail in this Section, which
will cover the Proceeds of Crime Act 2002 and the money laundering offences;
client identification, record keeping and reporting; training requirements; and
enforcement.
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Unit 2
2.2
Definitions
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activity, for the purpose of concealing or disguising the illicit origin of the
property or of assisting any person who is involved in the commission
of such activity to evade the legal consequences of his action;
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Unit 2
most efficient and economic way. It was also felt that many of the FSAs
requirements within the Money Laundering Sourcebook were merely a
duplication of the legislative requirements contained within the Proceeds of
Crime Act (2002) and the Terrorism Act (2000). As a consequence, the Money
Laundering Sourcebook was deleted on 31 August 2006 and firms are now
given the flexibility to structure their controls and procedures to reflect the
specific risks they face, drawing guidance from the Joint Money Laundering
Steering Groups revised guidance notes, which were given Treasury approval
on 15 December 2007.
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give regular training to staff about what is expected of them under the
money laundering rules, including the consequences for the firm and for
themselves if they fail to comply;
requisition a report at least once in each calendar year from the Money
Laundering Reporting Officer. This report must assess the firms
compliance with the Joint Money Laundering Steering Group, indicate
how Financial Action Task Force findings have been used during the year
and provide information about reports of suspected money laundering
incidents submitted by staff during the year;
Two areas of particular concern to financial advisers are failure to disclose and
tipping off.
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Unit 2
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Unit 2
Many will use a standard format for giving the required confirmation, such as
that developed by the Association of Independent Financial Advisers.
The definition of what constitutes satisfactory evidence of identity is rather
vague it requires that it should be reasonably capable of establishing that the
applicant is the person that they claim to be, to the satisfaction of the person
who obtains the evidence. Acceptable forms of identification include:
t
current passport;
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assess the firms compliance with the Join Money Laundering Steering
Group guidance notes (revised guidance, December 2007);
indicate how Financial Action Task Force (FATF) findings have been used
during the year;
A firms senior management must consider this report and must take any
action necessary to solve any problems identified.
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Unit 2
t
the identity of the firms Money Laundering Reporting Officer and what
their responsibilities are;
how any breach of money laundering rules can impact on the firm and
on themselves, ie the consequences of committing what may be a
criminal act.
Training should be given on a regular basis throughout the time that the
individual handles transactions that could lead to money laundering.
2.8 Enforcement
The FCA can discipline firms and individuals for breaches of money laundering
rules, as described in Section 1.6. It also has the power to prosecute anyone
who breaks the Money Laundering Regulations 2003 established under UK law
to give effect to the EU money laundering directives.
The penalties are severe. Anyone convicted of concealing, arranging or
acquiring (see Section 2.3) could be sentenced to up to 14 years imprisonment
or an unlimited fine, or both. The offence of failing to disclose or of tipping off
carries a prison sentence of up to five years or an unlimited fine, or both.
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Unit 2
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2.
What is the name of the international body that co-ordinates the fight
against money laundering?
3.
What is the transaction level above which firms must obtain evidence of
identity of the client?
4.
5.
6.
7.
8.
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Unit 2
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Answers to questions
1.
Concealing the true nature or source of property that you know to result
from criminal activity; acquiring or using property that you know to result
from criminal activity; aiding or abetting any other type of money
laundering activity.
2.
3.
b15,000.
4.
5.
6.
Five years after the relationship with the client has ended.
7.
8.
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Section 3
Complaints and compensation
Introduction
Consumers in the UK today are better protected than they have ever been.
Legislation, ombudsman bureaux and other arbitration schemes, voluntary
codes of practice, compensation schemes, consumerist bodies such as Which?:
these are all examples of ways in which rights of the consumer are upheld
against fraud, malpractice and the pressure of modern marketing. It must
always be borne in mind, however, that consumers cannot be protected 100
per cent, and they should take some responsibility for the purchasing decisions
that they make. Examples of this from the financial services industry are: the
fact that the FCA specifically says that it cannot protect investors from falls in
stock market values (although it will attempt to educate consumers about the
risks involved) and the fact that the Financial Services Compensation Scheme
(FSCS) sets limits on the amounts of compensation it can offer.
One of the FCAs operational objectives (see Section 1.2) is to protect
consumers of financial services and products. One step towards the
achievement of this is to make it easier for customers to know how to
complain when they feel that they have been badly treated by a financial
institution or by an individual working in the industry. Customers who are not
satisfied with a firms response to their complaint can refer the matter to a
dedicated independent ombudsman bureau. In some circumstances, customers
who have lost money can receive compensation.
Section 3 deals with the practical aspects of these consumer rights, as specified
in part U5 of the syllabus, with particular reference to complaints procedures,
arbitration schemes (ombudsmen) and compensation arrangements.
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material inconvenience.
3.1.1 Eligibility
The FCA defines an eligible complainant as:
t
a private individual;
a business with a turnover or annual balance sheet that does not exceed
b2 million when the complaint is made;
a trustee of a trust that has a net asset value of less than 1m when the
complaint is made.
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set out a timetable for regulatory action which would allow the Financial
Ombudsman Service (FOS) to consider whether or not to place a hold
or stay on complaints;
It can also carry out wider enquires with a view to testing the evidence like
internal research, public requests of information and carry out a review of the
relevant regulated firms.
3.2
The Financial Services and Markets Act 2000 (FSMA) provides for a mechanism
under which certain disputes may be resolved quickly and with the minimum
of formality by an independent person.
The FOS took over from the existing financial services ombudsman schemes
in December 2001, with the aim of being a single organisation with a consistent
set of rules that would deal with complaints and disputes arising from almost
any aspect of financial services (although certain types of pension and aspects
of pension arrangements are dealt with by the Pension Ombudsman).
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The FOS does not make the rules under which firms are authorised, nor can
it give advice about financial matters or debt problems. The FOS is able to deal
with complaints brought by eligible complainants (see section 3.1).
It is funded by organisations that are members of the FOS and membership is
compulsory for all organisations authorised under the FSMA 2000. Members
of the FOS pay a general levy plus case fees of 550 for the fourth and
subsequent cases per year.From April 2012 an additional case fee of 350 was
introduced for the twenty-sixth and subsequent PPI mis-selling case per year.
the relevant:
(a) law and regulations;
(b) regulators rules, guidance and standards;
(c) codes of practice; and
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Compensation can only be paid for financial loss and there are limits to
the amounts of compensation payable.
The FSCS was set up mainly to assist private individuals, although smaller
businesses are also covered.
The FSCS does not cover firms based in the Channel Islands or the Isle
of Man.
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3.3.3 Funding
The FSCS is funded by levies on firms authorised by the FCA and the PRA. The
FSCSs costs are made up of management expenses and compensation
payments. The FSCS levy is split into the five broad classes. With the exception
of the deposits class, each broad class is divided into two sub-classes based on
provider/intermediation activities. Each sub-class is made up of firms which are
providers or intermediaries and engage in similar styles of business with similar
types of customer. The sub-classes are based on the activities a firm undertakes
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(and are aligned to their FCA and PRA permissions). A firm could be allocated
to one or more sub-classes according to the activities that it undertakes.
Each firms contribution is calculated on the tariff base applicable to the
relevant sub-class. Each firm contributes proportionally. A threshold for each
sub-class is set by the FCA by reference to what a particular sub-class or class
(taken as a whole) can be expected to afford in a year. The threshold sets the
maximum that the FSCS can levy for compensation in any one year. The model
operates on the basis that a sub-class will meet the compensation claims from
defaults in that sub-class up to the threshold. Once a sub-class reaches its
annual threshold, the other sub-class in that broad class will be required to
contribute to any further compensation costs up the threshold for the class as
a whole. A layer of cross-subsidy is then available from a general retail pool,
through which firms in the other broad classes support any other broad class
which has reached its overall threshold, up to the overall limit of 4.03bn.
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2.
A customer has received a final response letter in which the firm he has
complained to declines to uphold his complaint. What is the time limit for
the customer to refer the matter to the Financial Ombudsman Service?
3.
4.
5.
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Answers
1.
(b)Eight weeks.
2.
Six months.
3.
35,000
4.
85,000
5.
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Section 4
Data protection
Introduction
This section covers part U6 of the syllabus for Unit 2, incorporating details of
how the Data Protection Act 1998 affects the provision of financial advice and
the general conduct of financial firms.
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4.1.1 Definitions
The Data Protection Act 1998 uses a number of words and phrases that have
precise meanings within its terms. These include:
t
personal data: the Act relates only to personal data, which is defined
as information relating to a living individual who can be identified from
that information or from a combination of that information and other
information in the possession of the data controller (see below);
data controller: this is the legal person who determines the purposes
for which data is processed and the way in which this is done. It is
normally an organisation/employer, such as a company, partnership or
sole trader.The data controller has prime responsibility for ensuring that
the requirements of the Act are carried out;
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Data must be processed fairly and lawfully. This includes the specific
requirement for the data controller to tell the individual what information
will be processed and why, and whether it will be disclosed to anyone
else. Data must not be processed unless the data subject has given their
consent or the processing is necessary for one of the following reasons:
2.
3.
Data must be adequate (but not excessive) and relevant to the purpose
for which it is processed. This should be borne in mind by advisers when
determining how much information it is appropriate to collect and retain
in a factfind document.
4.
5.
Data must not be kept for longer than is necessary. This will be dictated
to some extent by FCA rules on how long information must be kept for
(see Section 1.7.5.3).
6.
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7.
8.
4.1.3 Enforcement
The Information Commissioner oversees the application of the Data
Protection Act. The Commissioners responsibilities are:
t
serve enforcement notices and stop now orders where there has
been a breach, requiring organisations to take (or refrain from taking)
specified steps in order to ensure they comply with the law;
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prosecute those who commit criminal offences under the Act; and
The maximum penalty for these offences is 5,000, unless the case goes to the
Crown Court, in which case there is no limit on the possible fine.
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The new rules will also apply to non-EU based businesses who offer their
goods and services to EU customers based in the EU. For example, a US
company with a subsidiary in the EU will have to comply with the EU data
protection law as well as local US laws.
A breach of the new rules could result in a fine of up to b1 million or 2% of
the organisations global annual turnover. Currently, the maximum fine in the
UK for breach of data protection law is 500,000.
Under the proposed new laws, serious breaches will have to be notified to
both the DPA and the data subject within 24-hours, opening up a new market
for cyber risk insurance.
An independent data protection officer will have to be appointed by public
authorities and businesses with more than 250 employees.
Data subjects will have to give explicit consent for their data to be used, and
they will have the right to be forgotten, i.e. the right to have all personal data
that businesses hold on them deleted (this includes photos and any links to or
copies of personal data that can be found on the internet, for example on
social network sites).
The draft legislation is expected to come into force around 2015.
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2.
What are the main categories of sensitive data under the Data
Protection Act 1998?
3.
4.
What is the time limit for the supply of a copy of information held,
following a written request by a data subject?
(a) 14 days.
(b) 30 days.
(c) 40 days.
5.
Which body enforces the terms of the Data Protection Act 1998?
6.
7.
What is the correct term for the process by which a data controller
registers the fact that personal information is being held and processed?
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Answers
1.
Data subject.
2.
3.
4.
(c) 40 days.
5.
6.
7.
Notification.
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Section 5
Other laws and regulations relevant to
advising clients
Introduction
In addition to the legislation already described, the interests of financial
services customers are safeguarded by aspects of a range of other laws and
regulations. Some of these relate closely to financial services, while others are
aimed more broadly at the rights of consumers in general.
Section 5 covers part K2 of the Syllabus for Unit 2, showing how a range of
non-tax laws and regulatory schemes affect different aspects of financial
services including consumer credit, pensions and advertising.
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There are many types of lender in the market for financial services, ranging
from large multinational banks to individual moneylenders. The Act sets out
standards by which all lenders must conduct their business. It includes a
number of safeguards under which potential borrowers must be made aware
of the nature and conditions of a loan, and of their rights and their obligations.
The Act affects most aspects of a banks lending activities, including personal
loans and revolving credit such as credit cards. Not all loans are covered by the
Act. Loans for the purchase of a private dwelling are exempt and further loans
for the improvement or repair of a private dwelling are also exempt, provided
that they are from the same lender as the original mortgage loan. Loans raised
on the security of a dwelling but used for other purposes are not exempt,
unless on a first charge basis.
Regulated mortgages are exempt from CCA as they are regulated by the FCA.
Therefore, further advances are exempt, regardless of their purpose. Second
charge loans are covered by the CCA. A regulated mortgage contract is
defined as 40 per cent of the land used as a dwelling by the borrower and
family.
The main elements of the Acts provisions are as follows.
t
Clients must receive a copy of the loan agreement for their own
records.
One of the Acts most significant innovations was a system for comparing the
price of lending. This is the annual percentage rate (APR), which must be
quoted for all regulated loans. The APR represents a measure of the total cost
of borrowing and its aim is to allow a fair comparison, between different
lenders, of the overall cost of borrowing.
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The calculation of the APR is specified under the terms of the Consumer
Credit Act 1974 and it takes account of two main factors:
t
the additional costs and fees charged when arranging the loan, eg an
application fee.
The result is that the APR is higher than the actual rate being charged on the loan.
This reform was implemented through primary and secondary legislation. The
primary legislation is the Consumer Credit Act 2006.
The 2006 Act was introduced in three stages, the main elements of which were
as follows:
t
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t
April 2008: The upper limit on the size of loans regulated by the Act
was removed (it had previously been 25,000), so that all new credit
agreements unless exempt are now regulated. The Unfair
Relationships Test, introduced a year earlier, was extended to cover both
new and existing credit agreements.
all advertising must be in plain English and must be easily read or clearly
heard;
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t
The borrower must be notified of changes in the interest rate under the
agreement in writing before the change takes effect.
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Credit intermediaries must disclose the extent to which they are acting
independently or work exclusively with one or more creditors. Any fee
payable to the intermediary must be disclosed up front.
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Information Commissioner and trading standards services. The FCA has had
powers under the Regulations since 2001 for the following contracts:
t
life assurance;
pensions;
investments;
long-term savings.
It can also intervene against firms that are not authorised and regulated by the
FCA where their business affects the financial services sector.
The following contracts are the responsibility of the Office of Fair Trading
(OFT):
t
personal loans;
hire purchase;
A contract that has been drafted in advance and which does not offer the
consumer an opportunity to influence the terms of the contract is regarded as
one that has not been individually negotiated and will therefore fall under the
terms of the regulations. Contracts for the sale of land, tenancy agreements
and mortgages can fall under the remit of the regulations where the supplier
is not an individual and is acting in the course of business: a person selling his
own home would be excluded from the regulations but the legislation would
cover a builder selling new houses.
The main areas covered by the regulations are as follows.
5.2.2.1 Fairness
The main requirements are that all terms in regulated contracts should:
t
be fair;
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a term that limits the consumers rights to take legal action against the
supplier.
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to reduce the risk of situations arising that may lead to claims for
compensation from the Pension Protection Fund.
The Pensions Regulator aims to identify and prevent potential problems rather
than to deal with problems that have arisen. It will do so by assessing the risks
that may prevent it from meeting its statutory objectives. These risks might
include inadequate funding, inaccurate record keeping, lack of knowledge or
understanding by the trustees, or even dishonesty or fraud. The Pensions
Regulator will consider the combined effect of two factors related to each risk:
the likelihood of the event occurring and the impact of the event on the
scheme and its members. Schemes that are judged to have a higher risk profile
will be more closely monitored than those with lower risk.
The Regulator has a range of powers that enable it to protect the security of
members benefits.
The Regulators powers fall broadly into three categories:
t
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t
The Pensions Act 2004 requires the Pensions Regulator to issue voluntary
codes of practice on a range of subjects. The codes provide practical guidelines
for trustees, employers, administrators and others on complying with pensions
legislation, and set out the expected standards of conduct.
The Act also introduces new requirements for trustees to have a sufficient
knowledge and understanding of pension and trust law, and of scheme funding
and investment. Trustees also must be familiar with the trust deed and other
important documents such as the scheme rules and the statement of
investment principles. These requirements came into force in April 2006.
5.3.1.2 Pension Protection Fund
The Pensions Act 2004 established the Pension Protection Fund (PPF) to
protect members of private sector final salary (defined-benefit) pension
schemes whose firms become insolvent with insufficient funds to maintain full
benefits for all the members.
In addition to this responsibility, the PPF also assumes the existing
responsibilities of the Pensions Compensation Board, which compensates
members of both defined-benefit and defined-contribution (money-purchase)
schemes in cases of fraud and misappropriation.
The PPF will ensure that, where a company with an eligible defined-benefit
scheme becomes insolvent with an insufficiently funded scheme, members of
that scheme will still receive the core of the benefits to which they are entitled.
The PPF will provide compensation of:
t
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100 per cent for existing pensioners including ill-health retirement and
survivors benefits;
To ensure that PPF compensation retains its value over time, pensions in
payment will be increased in line with the retail price index (RPI) up to a
maximum of 2.5 per cent.
Compensation will be funded in two ways: firstly, by taking over the assets of
pension schemes with insolvent employers, and secondly, by means of a levy on
all private sector defined-benefit schemes and the defined-benefit element of
hybrid schemes.
The levy is split into five parts:
t
a pension protection levy based on risk factors, including underfunding, credit rating and investment strategy. Eventually, this is expected
to constitute at least 80 per cent of the total amount collected by the
PPF;
is aged 22 or over;
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t
earns more than the income tax personal allowance (9,440 for the tax
year 2013/14);
Further considerations:
t
employees may be allowed to opt out if they wish but cannot be forced
or incentivised to;
The requirements are being phased in gradually over a four year period and
initially only affect larger employers. Employers are required to offer a Pension
scheme which complies with the new rules but many employers already offer
schemes which meet or exceed the requirements.
The Act puts into law changes to the State Pension age timetable. From April
2016, womens State Pension age will rise faster than originally planned,
equalising with mens at 65 by November 2018. Between December 2018 and
October 2020, men and womens State Pension ages will be increased from 65
to 66.
The Act also changes the measure of inflation for revaluation and indexation
of occupational pension schemes from RPI to CPI.
5.4 EU directives
As mentioned in Section 1.1, directives issued by the European Union are
binding, as to the result to be achieved, upon each member state to which they
are addressed. What this means is that the objectives of the directive have to be
achieved but the choice as to exactly how they are achieved is left to national
authorities in each state. As a result, much of the UK regulation about financial
services is derived from European directives. Some examples are given below.
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5.4.1 Banking
A significant EU directive issued in March 2000 (known as the Second Banking
Directive) consolidated the earlier directives that gave institutions the freedom
to establish and pursue the business of credit institutions (banks, building
societies and similar organisations) throughout the European Union. It
describes:
t
the activities that an authorised credit institution can carry out, including
acceptance of deposits, lending of various kinds including mortgages,
leasing, money transmission, trading in money markets, portfolio
management and safe custody services.
5.4.2 Investment
The 1993 Directive on Investment Services in the Securities Field, commonly
known as the Investment Services Directive (ISD), came into force at the
beginning of 1996. Its aim was to enable investment firms to operate in
different European states in much the same way as other directives have
broadened the markets for banks and for the insurance industry, by providing
direct access to well-regulated markets across the EU.
In the same way as with credit institutions, firms that provide certain specified
investment services must first be authorised in their own home state. They can
then operate in the other member states without requiring further
authorisation from the authorities in those other states.
In order to obtain and retain authorisation in their home state, investment
firms must comply with certain prudential rules drawn up by the authorities in
the home state. The general nature of these prudential rules was first specified
in the ISD and later incorporated in a subsequent directive that replaced it
(MiFID, see below). They include, for example, requirements that investment
firms must have:
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t
investment advice;
However, there is an important exemption from MiFID for firms that meet the
following requirements. UK firms are exempt from MiFID if they:
t
In broad terms, this should exempt advisers that do not hold client money and
do not advise on or arrange complex investments such as derivatives.
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However, any firm making use of the exemption will not be able to engage in
cross-border business.
The specified financial instruments include:
t
Life assurance, pensions and mortgages are outside the scope of MiFID.
Because it is expected that most financial advisers will be exempt from MiFID,
this text will refer to non-MiFID situations, unless otherwise stated.
5.4.2.1.1 MiFID II
The European Commission launched proposals for reform in December 2010,
which are intended to tackle some of the issues that were missed in the
original MiFID.
MiFID II is expected to switch European regulation from a principles-based
philosophy to a more rules-based regulatory regime, much like that in the US.
It is also expected that it will extend the regulations across asset classes,
pushing non-equity products (such as bonds, structured products and over-thecounter derivatives) onto organised trading platforms. It will provide new
safeguards for algorithmic and high frequency trading activity, and impose
stricter requirements for portfolio management, investment advice and other
investor protections.
The aim of MiFID II is to promote competition, modernise market structures,
increase market transparency, reduce data fragmentation, enhance investor
protection and harmonise regulatory regime. This is the second version of the
MiFID directive, the actual provisions of which are not expected to go live
until 2015.
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5.4.3 Insurance
The two main objectives of a European single market for insurance are:
t
In setting out to achieve these objectives, the EU has always dealt with life
assurance and non-life insurance separately, in order to take account of their
different characteristics and also in acknowledgment of the close ties that life
assurance has with the long-term savings industry.
5.4.3.1 Life assurance
The first Directive relevant specifically to life assurance was adopted in 1979
with the aim of setting out how the right of establishment included in the
Treaty of Rome might be put into effect for life assurance companies.The 1979
Life Directive defined life assurance as including the following categories:
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annuities;
The second Life Directive, issued in 1990, laid down special rules relating
to the freedom to provide cross-frontier services in the life assurance field. It
covers individual policies and group life, but not group pension funds.
Arrangements for regulation and supervision of insurance policies fall into two
categories, depending on the reason why the applicant is taking out the policy.
t
If the policy is being taken out wholly on the applicants own initiative, the
regulations that apply are those of the country in which the insurance
company is established. Applicants who take out a life policy with an
insurer established in a different state are required to sign a declaration
confirming that they are aware that the regulatory rules of the other
country will apply.
If the applicant requires the insurance because of a specific rule of the state
in which they reside, then regulation and supervision is by that state, in
order to guarantee that the appropriate cover is provided.
In 1992, the third Life Directive sometimes also known as the Life
Framework Directive was adopted. Like all EU directives, its provisions had to
be incorporated into the legislation of all the member states. In the UK, for
example, its provisions were incorporated into insurance legislation (based
largely on the Insurance Companies Act 1982) through the Insurance
Companies (Third Insurance Directive) Regulations 1994.
In order to obtain authorisation, a company must:
t
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Policyholders must be able to withdraw from the contract within a coolingoff period of between 14 and 30 days from the time when they are informed
that the contract has been made. This rule is reflected in the UK through the
issuing to customers, by the insurance company, of a statutory cancellation
notice. Customers then have 14 days in which to return the notice to the
company and cancel the policy with a refund of any premium paid.
Policyholders must also be provided with clear and accurate information about
the essential characteristics of the products offered to them, to assist them in
choosing an appropriate product. This requirement is met in the UK by the
issue of a key features document (see Section 1.7.5.6).
In 2002, a fourth Life Directive was issued: the previous three Life
Directives (and certain other directives) were repealed and replaced by this
single directive that covers all aspects of life assurance. It is largely a
consolidation directive, bringing together the provisions of earlier directives
concerning the concept of a single licence and harmonising local rules on
authorisation and the regulation that is required to make the single-licence
system work.
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declared bankrupt.
Rules are also included to protect clients funds, including the requirement to
keep client money in strictly segregated accounts. This is backed up by a
requirement for intermediaries to have financial capacity of an amount equal
to at least 4 per cent of premiums received per annum, subject to a minimum
of b15,000.
The regulations specify in some detail what information an intermediary must
give to a customer. In relation to the intermediary, the following information
must be supplied:
t
whether the intermediary has any holding of more than 10 per cent of
the voting rights or capital of an insurance company;
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The most significant reforms under the IMD 2 proposals for the UK insurance
market are the new mandatory remuneration disclosure requirements. These
are likely to have a major effect in connection with the sale of general
insurance because, although mandatory prior disclosure of commission has
been debated many times over the years, it has been strongly opposed by the
general insurance industry and has never been introduced under domestic
rules. These new rules may affect insurer and intermediary relationships and
commercial structures within the UK, as well as possibly leading to changes in
staff remuneration structures.
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In the life assurance investment sector, the impact will be limited due to
the comprehensive nature of existing FCA rules. Furthermore, the new
rules in respect of adviser charging, and the banning of commission-style
remuneration, that came into force on 1 January 2013 go much further
than IMD2 in any event.
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the variable interest rate must be no more than 2 per cent above Bank
of England base rate, and must be adjusted within one calendar month
after the base rate is reduced;
all other fees must be disclosed in cash terms before the customer
makes any commitment.
Although the rules relating to CAT standard mortgages are still valid, there are
few if any lenders offering such products at the time of writing (April 2013).
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The ASA can take action against individuals and organisations whose
advertising contravenes the code. The first step is usually to discuss the
offending advertisement with the advertiser and, if an acceptable explanation is
not given, to require that the advertisement is changed or withdrawn.
A number of sanctions are used against offenders, ranging from the adverse
publicity generated by its adjudications to legal proceedings in the case of
persistent or deliberate offenders. This legal action is available through a
referral of the advertiser, agency or publisher to the Office of Fair Trading.
The Advertising Code requires that advertisements should be prepared with a
sense of responsibility to consumers and society, and should respect the
generally accepted principles of fair competition in business. Specifically, the
Code requires that all advertisements should be:
t
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consumers;
micro-enterprises; or
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Subscribers will make sure that their staff are trained to put this code
into practice.
In addition to the above commitments, the code covers the following areas:
t
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t
Loans the code states that if a person is declined for a loan, the
subscriber must explain the main reason why, and the customer must be
given contact details of any CRA used if the refusal to lend is as a result
of information supplied by them.
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With the FSA, as the competent authority for the UK at the time, taking
responsibility for the PSRs, it seemed common sense that it should also
take responsibility for customers core financial services relationships
through BCOBS.
There were concerns that the content of the Banking Code had
responsibility spread between a number of organisations, meaning no
one organisation had clear accountability: by the FSA taking control it
increased the FSAs (and now the FCAs) regulatory effectiveness.
There was increased pressure from government and the public for more
controls over the financial services sector due to recent regulatory failures.
It has been necessary to bolster public confidence in the UK financial
services industry and further regulation may go some way to doing this.
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The PSRs conduct of business provisions only apply to payment services made
in euros or sterling, so primarily to sterling and euro-denominated accounts.
The Financial Ombudsman Service provides out-of-court redress, the Office
of Fair Trading (at the time of writing in January 2012) is responsible for
requirements relating to access to payment systems, and HM Revenue and
Customs is responsible for supervision of the anti-money-laundering measures
taken by businesses providing payment services.
The PSRs affect firms providing payment services and their customers. These
firms include:
t
banks;
building societies;
e-money issuers;
money remitters;
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t
EMIs are no longer allowed to set a time limit on the e-money holders
right to redeem (although a proportionate fee can be charged for
redemption in certain circumstances).
EMIs are not allowed to grant interest or other benefits related to the
length of time the e-money is held.
EMIs can provide payment services that are unrelated to the issuing of
e-money and engage in other business activities (subject to relevant EU
and UK law) without additional authorisation/registration with the FCA.
The initial and ongoing capital requirements for authorised EMIs have
been reduced.
All EMIs must safeguard funds received from customers for e-money so
that, if it becomes insolvent, the e-money issued will be protected from
creditors and can be repaid to their customers.
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Under the new proposals, witnesses can be called and documents requested
as soon as it is announced that a market study is to be conducted.
The FCA has said they will take bold and far-reaching action in this regard.The
government believe that opening up competition should be a priority for the
FCA in its first few years as regulator of financial conduct.
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2.
3.
4.
What are the conditions that, in the absence of anything specific, are
under the terms of the Supply of Goods and Services Act 1982
automatically deemed to be included in all contracts?
5.
6.
7.
What are the two main elements of the pension protection levy, by which
the Pension Protection Fund is funded?
8.
What are the most common forms of credit institution in the UK?
9.
[2] 155
Unit 2
[2] 156
Answers
1.
Yes. From 6 April 2008, the previous 25,000 limit no longer applies.
2.
3.
4.
The service will be performed with reasonable care, the work will be
done within a reasonable time, and a reasonable charge will be made.
5.
6.
100 per cent for existing pensioners and 90 per cent for pre-retirement
members, subject to an overall benefit cap.
7.
8.
9.
Annuities.
[2] 157
Unit 2
[2] 158
UK Financial Regulation
Index
Ind 1
Index
A
Advertising
Code [2] 5.6
consumer credit [2] 5.1.3
financial promotion see Financial
promotion
rules [2] 1.7.2
standards [2] 5.6
Agency
law of [1] 6.7
Agent
authority [1] 6.7
Alternative Investment Market
investment on [1] 2.3.1.1.2
Approved persons
concept of [2] 1.7.1
examinations [2] 1.7.4.1.2
FCA controlled functions
carrying out [2] 1.7.1
customer [2] 1.7.1.1.5
FCA-authorised firms, for [2] 1.7.1.1
governing [2] 1.7.1.1.1
meaning [2] 1.7.1
required [2] 1.7.1.1.2
significant management [2] 1.7.1.1.4
systems and control [2] 1.7.1.1.3
fit and proper test [2] 1.2.10
PRA controlled functions
governing [2] 1.7.1.2.1
required [2] 1.7.1.2.2
systems and control [2] 1.7.1.2.3
Principles for Business [2] 1.2.7
staff, principles for [2] 1.2.7
training and competence [2] 1.7.4
Attendance Allowance
eligibility for [1] 1.3.5.3.4
Attorney
meaning [1] 6.9
Auditors
external, role of [2] 1.2.9.4.1
internal, role of [2] 1.2.9.4.1
B
Balance of payments
equilibrium [1] 1.3.4
Bank accounts
accessibility [1] 2.1
deposit [1] 2.1.1.1
interest-bearing [1] 2.1.1
ifs School of Finance 2013
UK Financial Regulation
Business protection
business partner
death of [1] 5.2.2.2
sickness of [1] 5.2.2.5
key employee, death of [1] 5.2.2.1
sickness
business partner, of [1] 5.2.2.5
employee, of [1] 5.2.2.4
self-employed small trader,
of [1] 5.2.2.6
small business shareholder, death
of [1] 5.2.2.3
C
Capital adequacy
Basel Committee framework [2] 1.4.1
Basel II [2] 1.4.1
Basel III [2] 1.4.5.1, 1.4.5.2
deposit-takers, regulations for [2] 1.4.1
Directive [2] 1.4.2
investment business, for [2] 1.4.2
life assurance companies, solvency
margin [2] 1.4.3
operational risk, requirements
for [2] 1.4.1
prudential control, rules for [2] 1.4
risk weighting [2] 1.4.1
Solvency II [2] 1.4.6
solvency ratio, definition [2] 1.4.1
Capital gains tax
annual allowance [1] 1.3.3.4
calculation [1] 1.3.3.4.1
entrepreneurs relief [1] 1.3.3.4.1
exempt assets [1] 1.3.3.4
hold-over relief [1] 1.3.3.4.3
liability to [1] 1.3.3.4
losses carried forward [1] 1.3.3.4
losses, offsetting [1] 1.3.3.4
net gains, on [1] 1.3.3.4
not due, where [1] 1.3.3.4
payment of [1] 1.3.3.4.4
personal representatives, rate
for [1] 1.3.3.4
property, gains on [1] 2.4.1
roll-over relief [1] 1.3.3.4.2
taper relief and indexation, removal
of, [1] 1.3.3.4.1
trusts, rate for [1] 1.3.3.4
unit trusts, on [1] 3.2.1.7.2
Ind 4
Carers Allowance
eligibility for [1] 1.3.5.3.6
Certificates of deposit
use of [1] 2.7.2
Charge cards
use of [1] 3.5.3.3.2
Child Benefit
eligibility for [1] 1.3.5.2.3
Child Tax Credit
payment of [1] 1.3.5.2.4
Child Trust Fund
characteristics of [1] 3.2.8
Children
tax liability [1] 1.3.3.2
Clients see Customers
Collective investments
advantages of [1] 3.2
categorisation of funds [1] 3.2
forms of [1] 3.2
managed funds [1] 3.2
nature of [1] 3.2
open-ended investment companies
(OEICs) [1] 3.2.3 see also Open-ended
investment companies (OEICs)
risk [1] 3.2
Undertakings for Collective Investment
in Transferable Securities legislation
[2] 5.4.2.2
unit trusts [1] 3.2.1 see also Unit trusts
Commercial paper
use of [1] 2.7.3
Commodities
forward contracts [1] 2.5
trading [1] 2.5
Company
meaning [1] 6.4
memorandum and articles of
association [1] 6.4
Company cars
taxation [1] 1.3.3.2
Company Voluntary Arrangements
use of [1] 6.10.2
Competition
regime, reform of [2] 5.9
Competition and Markets Authority
proposed [2] 5.9.1
Competition Commission
areas of concern [2] 5.8
role of [2] 5.8
Complaints
definition [2] 3.1
ifs School of Finance 2013
Index
Credit unions
field of membership test [1] 1.2.2.1
mutual institutions, as [1] 1.2.2.1
ownership [1] 1.2.2.1
Customers
assets [1] 4.3.1.2.3
cancellation of contract [2] 1.7.5.9
categories of [2] 1.7.5.1
charges and commissions to [2] 1.7.5.3
circumstances [1] 4.3.1
client agreement [2] 1.7.5.5
commitment to buy, obtaining [1] 4.6.3
cooling off period [2] 1.7.5.9
employment details [1] 4.3.1.2.1
established families [1] 4.2.5
execution only [2] 1.7.5.8
financial life-cycle [1] 4.2
financial products, understanding
[2] 1.2.8
financial situation, details of [1] 4.3.1.2
income and expenditure [1] 4.3.1.2.2
information, gathering [1] 4.3
liabilities [1] 4.3.1.2.4
mature households [1] 4.2.6
money laundering, identification for
purposes of [2] 2.4
needs and objectives, identifying and
agreeing [1] 4.4
personal and family details [1] 4.3.1.1
plans and objectives [1] 4.3.1.3
post-education young people {1} 4.2.3
preferences [1] 4.3.3
priority order, agreeing with [1] 4.4.1
retirement [1] 4.2.7
risk, attitude to [1] 4.3.2
saving pattern [1] 4.1
school age young people [1] 4.2.1
suitability of advice to
reports [2] 1.7.5.6.1
requirements [2] 1.7.5.6
teenagers and students [1] 4.2.2
young families [1] 4.2.4
D
Data protection
data controller
definition [2] 4.1.1
prosecution of [2] 4.1.3
Ind 5
UK Financial Regulation
E
Economic growth
macroeconomic objectives [1] 1.3.4
Economic policy
economic growth [1] 1.3.4
macroeconomic objectives [1] 1.3.4
stop-go [1] 1.3.4
Ind 6
Index
F
Family protection
death, losses due to [1] 5.2.1.1
sickness, losses due to [1] 5.2.1.2
unemployment, losses due to
[1] 5.2.1.3
Financial advice
basic [2] 1.7.7
budgeting [1] 5.1
business protection [1] 5.2.2
estate planning [1] 5.6
family protection [1] 5.2.1
investment and saving, on [1] 5.4
loans, on [1] 5.3
protection against risk [1] 5.2
regular reviews [1] 5.8
suitability of
reports [2] 1.7.5.6.1
requirements [2] 1.7.5.6
tax planning [1] 5.7
Financial adviser
after-sales care [1] 4.6.5
categories of [2] 1.7.5.2
charges and commissions [2] 1.7.5.3
ongoing charges [2] 1.7.5.3.1
client agreement [2] 1.7.5.5
commitment to buy, obtaining [1] 4.6.3
complaints procedures see Complaints
documentation, explanation of [1]
4.6.4 independent [2] 1.7.5.2.1
information about, giving to client
[2] 1.7.5.4
information, gathering [1] 4.3
needs and objectives, identifying and
agreeing [1] 4.4
objections, handling [1] 4.6.2
panels [2] 1.7.5.2.1.1
priority order, agreeing with client
[1] 4.4.1
proactive servicing [1] 4.6.5.1
ifs School of Finance 2013
UK Financial Regulation
Index
G
Gilt-edged securities
index-linked [1] 2.2.1
investment in [1] 2.2.1
issue of [1] 1.2.1
loans to government, as [1] 1.2.1
Government stocks
investment in [1] 2.2.1
H
Home income plans
equity, releasing [1] 3.5.1.5.2
Home reversion schemes
equity, releasing [1] 3.5.1.5.3
I
Incapacity Benefit
eligibility for [1] 1.3.5.3.2
rates of [1] 1.3.5.3.2
replacement of [1] 1 3.5.3.3
Income Support
eligibility for [1] 1.3.5.1.2
payments [1] 1.3.5.1.2.1
Income tax
bands [1] 1.3.3.2.1
child, on [1] 1.3.3.2
classification of income [1] 1.3.3.2.4
company cars, on [1] 1.3.3.2
employees, payment by [1] 1.3.3.2.2
fuel, on [1] 1.3.3.2
ifs School of Finance 2013
UK Financial Regulation
Index
Investment trusts
nature of [1] 3.2.2
real estate [1] 3.2.2.3
share price [1] 3.2.2
split-capital [1] 3.2.2.2
taxation [1] 3.2.2.1
Investments
assets, building up [1] 4.1
collective
regulated [1] 3.2
unregulated [1] 3.2.4
deposit-based [1] 2.1
direct [1] 3.1
fund supermarkets [1] 3.2.5
platforms [1] 3.2.5
regulated [2] 1.3.2
short-term loss, risk of [1] 4.1
wraps [1] 3.2.5
J
Jobseekers Allowance
eligibility for [1] 1.3.5.1.3
forms of [1] 1.3.5.1.3
L
Lasting power of attorney
introduction of [1] 6.9
Legal person
meaning [1] 6.1
Life assurance
companies, solvency margins [2] 1.4.3
Directives [2] 5.4.3.1
family income benefits [1] 3.3.1.3
harmonisation of national laws [2]
5.4.3.1
inheritance tax policy [1] 5.6
investment products
endowments see Endowment
investment bonds [1] 3.2.7.2
joint-life second death policies
[1] 3.3.1.1.5
last survivor policy [1] 3.3.1.1.5
pension term [1] 3.3.1.4
term
Ind 11
UK Financial Regulation
M
Market abuse
aspects of [2] 1.2.11
Maternity Allowance
eligibility for [1] 1.3.5.2.2
Monetary policy
Bank of England Committee [1] 1.3.4.1
economy as a whole, acting on
[1] 1.3.4.2
importance of [1] 1.3.4.1
instruments of, [1] 1.3.4.1
macroeconomic objectives [1] 1.3.4
monetarist school [1] 1.3.4.1
Money
clearing process [1] 1.2.4.2
contribution of concept of [1] 1.1
issue of [1] 1.2.1
legal tender [1] 1.1
medium of exchange, as [1] 1.1
properties of [1] 1.1
store of value, as [1] 1.1
transmission [1] 1.2.4
unit of account, as [1] 1.1
Money laundering
authorised firms, requirements for
[2] 2.3
client identification [2] 2.4
criminal activity, meaning [2] 2.2
definitions [2] 2.2
Directive [2] 2.2
enforcement [2] 2.8
failure to disclose suspicion of [2]
2.3.3
Financial Action Task Force [2] 2.3.1
financial exclusion [2] 2.4.1
FSA enforcement procedures [2] 2.8
offences [2] 2.3
property, definition [2] 2.2
record-keeping requirements [2] 2.5
Reporting Officer [2] 2.3
reporting to [2] 2.6
reporting procedures [2] 2.6
statutory provisions [2] 2.1
terrorism, definition [2] 2.1.1
tipping-off [2] 2.3.4
training requirements [2] 2.7
Money market instruments
certificates of deposit [1] 2.7.2
commercial paper [1] 2.7.3
meaning [1] 2.7
Treasury bills [1] 2.7.1
Ind 12
Mortgages
accident, sickness and unemployment
insurance [1] 3.3.2.3
advice, regulation of [2] 1.7.8
base rate tracker [1] 3.5.1.4.5
buy-to-let [1] 2.4.2
capped rate [1] 3.5.1.4.4
cashbacks [1] 3.5.1.4.7
CAT-standard [1] 3.5.1.4.10, [2] 5.5
choice of [1] 3.5.1
Conduct of Business rulebook
[2] 1.7.8
current account [1] 3.5.1.4.6.1
deferred interest [1] 3.5.1.4.9
definitions [1] 3.5.1.1
disclosure of information [2] 1.7.8
discounted [1] 3.5.1.4.2
endowment [1] 3.5.1.3.1
equity, releasing
home income plans [1] 3.5.1.5.2
home reversion schemes
[1] 3.5.1.5.3
lifetime mortgages [1] 3.5.1.5.1
meaning [1] 3.5.1.5
fixed rate [1] 3.5.1.4.3
flexible [1] 3.5.1.4.6
individual savings accounts, repayment
by [1] 3.5.1.3.3
interest
basis of charge [1] 3.5.1.4
options [1] 3.5.1.4
interest-only [1] 3.5.1.3
lifetime [1] 3.5.1.5.1
low-start [1] 3.5.1.4.8
Market Review [2] 1.7.8.1
offset [1] 3.5.1.4.6.2
parties [1] 3.5.1.1
pension [1] 3.5.1.3.2
regulation of [2] 1.1
related property insurance [1] 3.5.1.7
repayment [1] 3.5.1.2
rules for [2] 1.7.8
second [1] 3.5.2.1
shared ownership [1] 3.5.1.6
variable rate [1] 3.5.1.4.1
Mutual life assurance companies
demutualisation [1] 1.2.2
Mutual organisations
ownership [1] 1.2.2
types of [1] 1.2.2
ifs School of Finance 2013
Index
N
National insurance
classes of [1] 1.3.3.3
National Savings and Investments
childrens bonus bonds [1] 2.1.5.9
Direct ISA [1] 2.1.5.10
Direct Saver [1] 2.1.5.1
guaranteed equity bonds [1] 2.1.5.6
guaranteed growth bonds [1] 2.1.5.5
guaranteed income bonds [1] 2.1.5.4
income bonds [1] 2.1.5.3
investment account [1] 2.1.5.2
premium bonds [1] 2.1.5.8
range of products [1] 2.1.5
Savings Certificates [1] 2.1.5.7
O
Offshore investments
deposits [1] 2.1.3
Open-ended investment companies
(OEICs)
charges [1] 3.2.3.4
corporate director [1] 3.2.3.1
depository [1] 3.2.3.1
investing in [1] 3.2.3.2
legal constitution [1] 3.2.3.1
nature of [1] 3.2.3
risks of [1] 3.2.3.6
shares, pricing [1] 3.2.3.3
taxation [1] 3.2.3.5
unit trusts, similarity to [1] 3.2.3
Options
meaning [1] 3.4
P
Partnership
agreement [1] 6.5
business partner
death of [1] 5.2.2.2
sickness of [1] 5.2.2.5
definition [1] 5.2.2.2
goodwill, value of [1] 5.2.2.2
limited liability [1] 6.5.1
meaning [1] 6.5
Pension Credit
payment of [1] 1.3.5.5.3
Pensions
contributions [1] 3.6
free standing additional voluntary
contributions [1] 3.6.1
mortgage [1] 3.5.1.3.2
NEST schemes [1] 3.6.4
occupational scheme [1] 3.6, 5.5
regulation [2] 5.3
statutory provisions [2] 5.3.1
trustees, requirements [2] 5.3.1.1
Pension Protection Fund [2] 5.3.1.2
Pensions Regulator [2] 5.3.1.1
personal [1] 3.6.2
products [1] 3.6
stakeholder [1] 3.6.3, 5.5
state [1] 1.3.5.5, 5.5
workforce, auto-enrolment [2] 5.3.2
Pensions Ombudsman
complaints to [2] 3.4
creation of [2] 3.4
Personal Independence Payment
Disability Living Allowance, replacing,
[1] 1.3.5.3.5
Personal representatives
capital gains tax rate [1] 1.3.3.4
meaning [1] 6.2
Pooled investments see Collective
investments
Power of attorney
enduring [1] 6.9
lasting [1] 6.9
nature of [1] 6.9
Precipice bonds
nature of [1] 3.2.9
Probate
grant of [1] 6.2
Property
buy-to-let [1] 2.4.2
commercial, investment in [1] 2.4.3
equity, releasing
home income plans [1] 3.5.1.5.1
home reversion schemes [1]
3.5.1.5.4
lifetime mortgages [1] 3.5.1.5.1
meaning [1] 3.5.1.5
shared ownership [1] 3.5.1.6
investment in [1] 2.4
Ind 13
UK Financial Regulation
R
Record-keeping
complaints [2] 3.1.4.2
money laundering investigation, for
purposes of [2] 2.5
rules [2] 1.7.3
training and competence, as to [2]
1.7.4.1.5
Regulated activities
authorisation for [2] 1.3
list of [2] 1.3.1
Residence
taxation purposes, for [1] 1.3.3.1
Retirement planning
importance of [1] 5.5
Risk
assessment [2] 1.5
client, attitude of [1] 4.3.2
collective investments, of [1] 3.2
financial services consumers, faced by
[2] 1.5
financial services products, fro
[1] 5.4.2
open-ended investment companies, of
[1] 3.2.3.6
unit trusts, of [1] 3.2.1.8
Risk management
insurance, by [1] 1.1.2
Ind 14
S
Savings
regular or lump sum [1] 5.4.1
Self-employed
sole trader, sickness of [1] 5.2.2.6
taxation [1] 1.3.3.2.3
Senior managers
arrangements, systems and controls for
[2] 1.2.9
chain of responsibility [2] 1.2.9.1
Serious Organised Crime Agency
establishment of [2] 2.3.2
Shares
Alternative Investment Market
[1] 2.3.1.1.2
buying and selling [1] 2.3.1.1
convertibles [1] 2.3.1.7
direct investment in [1] 2.3.1
ex-dividend [1] 2.3.1.4
indices [1] 2.3.1.5
main markets [1] 2.3.1.1.1
off-market trading [1] 2.3.1.1.4
ordinary [1] 2.3.1
participation in markets [1] 2.3.1.1.3
permanent interest-bearing [1] 2.2.3
preference [1] 2.3.1.7
prices of [1] 2.3.1
returns from
assessment [1] 2.3.1.2.2
risk and reward [1] 2.3.1.2.1
right issues [1] 2.3.1.6
rights [1] 2.3.1
scrip issues [1] 2.3.1.6
taxation [1] 2.3.1.3
Social security benefits
Attendance Allowance [1] 1.3.5.3.4
Carers Allowance [1] 1.3.5.3.6
Child Benefit [1] 1.3.5.2.3
Child Tax Credit [1] 1.3.5.2.4
children, relating to [1] 1.3.5.2
Disability Living Allowance [1] 1.3.5.3.5
Employment and Support Allowance
[1] 1.3.5.3.3
financial circumstances, effect of
[1] 1.3.5
ill or disabled, for [1] 1.3.5.3
Incapacity Benefit [1] 1.3.5.3.2
Income Support [1] 1.3.5.1.2
Jobseekers Allowance [1] 1.3.5.1.3
Maternity Allowance [1] 1.3.5.2.2
ifs School of Finance 2013
Index
T
Taxation
accident, sickness and unemployment
insurance [1] 3.3.2.3.1
bank deposit accounts, on [1] 2.1.1.4
building society accounts, of [1] 2.1.2.1
ifs School of Finance 2013
UK Financial Regulation
Unemployment
accident, sickness and unemployment
insurance [1] 3.3.2.3
losses due to, protection against
[1] 5.2.1.3
low [1] 1.3.4
Unfair contract terms
consumer contracts, in
application of regulations [2] 5.2.2
examples of [2] 5.2.1.3
fairness requirement [2] 5.2.1.1
good faith requirement [2] 5.2.1.3
plain language requirement
[2] 5.2.1.2
statutory provisions [2] 5.2.1
Unit trusts
authorisation [1] 3.2.1.3
capital gains tax [1] 3.2.1.7.2
charges [1] 3.2.1.5
income tax [1] 3.2.1.7.1
manager, role of [1] 3.2.1.1
meaning [1] 3.2.1
proceeds, taxation [1] 1.3.3.2.8
risks of [1] 3.2.1.8
taxation [1] 3.2.1.7
trustees [1] 3.2.1.2
units [1] 3.2.1
accumulation [1] 3.2.1.6
buying and selling [1] 3.2.1.4.2
distribution [1] 3.2.1.6
historic and forward pricing
[1] 3.2.1.4.1
income [1] 3.2.1.6
pricing [1] 3.2.1.4
types of [1] 3.2.1.6
Universal Credit
present benefit structure, replacement
of [1] 1.3.5.6
Warrants
meaning [1] 3.4
Welfare state
role of [1] 1.3.5
Whistle-blowing
procedures for [2] 1.2.9.3
Will
formalities [1] 6.2
meaning [1] 6.2
need for [1] 5.6
revocation [1] 6.2
terms of [1] 6.2
variation [1] 6.2
Withholding tax
meaning [1] 1.3.3.9
Working Tax Credit
availability of [1] 1.3.5.1.1
purpose of [1] 1.3.5.1.1
V
Value added tax
levy of [1] 1.3.3.6
registration [1] 1.3.3.6
Ind 16