Chapter 7 & 8 Flashcards

1
Q
Past paper Q63. Following settlement of a Financial Ombudsman Service (FOS) case, the complainant was awarded compensation. The complaint related to a loss that occurred in March 2019. The FOS recommended monetary award was £200,000. If the complaint was referred to the FOS on 1 August 2019 excluding interest, how much was the respondent obliged to pay the complainant? 
A. £100,000 
B. £150,000 
C. £160,000 
D. £200,000
A

C - just gonna have to remember

£160k < April 2020 < £355k

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2
Q

Past paper Q64. An authorised firm must report changes to its business, in line with the Financial Conduct Authority’s ad hoc reporting requirements, in which circumstances shown below?
i The appointment of a new director
ii The appointment of a new customer services manager
iii New head office premises being established
iv The appointment of a new pension transfer adviser
v Reissuing a sales aid

A. i, iii and iv only.
B. i, and iv only.
C. ii, v and v only.
D. iii iv and v only.

A

A

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3
Q

Past paper Q65. Three financial advisers have transacted business over the past 12 months as follows
Rob Pension transfers, life assurance
Derek Pension transfers, regular contribution stakeholder pensions
Tim Cash ISAs, equity release
From this information, it can be deduced that
A. Tim will not need to keep his suitability records indefinitely.
B. Rob will be subject to the greatest supervisory monitoring requirements.
C. Derek will need to keep his Training and Competence records the longest.
D. Rob and Derek are likely to be supervisors.

A

A

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4
Q
Past paper Q66. The Financial Ombudsman Service (FOS) received a complaint in May 2020 in relation to a financial loss that occurred in September 2019. The FOS has recommended a monetary award of £230,000 for financial loss and £3,000 for interest. Assuming that the FOS make the judgement that the respondent should meet the claim against them, the amount that is binding on the respondent is 
A. £150,000 
B. £160,000 
C. £230,000 
D. £233,000
A

D

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5
Q
Past paper Q67. Under the terms of the Financial Conduct Authority Handbook, which category of client may be referred to as a per se eligible counterparty? 
A. An institutional investor. 
B. A government of a country. 
C. A large public limited company. 
D. A local authority.
A

B

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6
Q

Past paper Q68. Several financial transactions have taken place as follows
i) Direct life office Internet Retail Term assurance
ii) Independent In person Professional Whole of life
iii) Single tied Direct offer Retail Stocks and shares ISA
iv) Multi tied Postal Retail Savings endowment
v) Direct life office Internet Professional Income protection insurance
For which of the transactions is a client agreement required?

A. ii and iv only.
B. iii and v only.
C. i, ii and iv only.
D. i, ii, iii, iv and v.

A

A - Direct offers dont need client agreements as all relevant information should be included in the offer presumably

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7
Q

Past paper Q69. An authorised firm arranged the following products for retail clients on the 1 January
i A stakeholder personal pension
ii A cash ISA
iii A level term assurance policy
iv An Enterprise Investment Scheme
v An open-ended investment company (OEIC) product

Which of these products would still be within their cancellation period on the 28 January? 
A. i only. 
B. i and iii only. 
C. i, iv and v only. 
D. ii, iii, iv and v only.
A

B - I guess the other three are just typical investment products whereas i & iii are pensions and protection so they get longer?

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8
Q

Past paper Q70. A financial adviser recommends that a retail client makes a top-up contribution to an existing annual premium personal pension policy and also makes payments into an open-ended investment company (OEIC) and a unit trust. When preparing a suitability report, the financial adviser must give his reasons for recommending the
A. top-up contribution only.
B. top-up contribution and the OEIC only.
C. OEIC and the unit trust only.
D. top-up contribution, the OEIC and the unit trust.

A

C - the top up contribution isn’t a change in recommendations so there will be a suitability report justifying it from before

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9
Q
Past paper Q71. Man and Julia, both aged 19, have existing Help to Buy ISAs that commenced in 2018. What maximum amount of contributions may be invested, in total for Matt and Julia, each year, in their Help to Buy ISAs? 
A. £2,400 
B. £3,400 
C. £4,800 
D. £6,800
A

C

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10
Q

2021 mock paper Q 63. If a solicitor assisted a client with a claim on a life policy would FCA authorisation be required?
A. Yes. as this type of work is classed as a regulated activity
B. No. as long as it was a one-off activity
C. Yes. as the client will have received advice
D. No. this is classed as incidental to their professional services

A

D

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11
Q

2021 mock paper Q 64. Which of the following would NOT give rise to a potential compensation claim?
A. An adviser failing to consider the tax implications of the investment recommended
B. A portfolio increasing in value by 20% but being in an investment vehicle outside the client’s risk parameters
C. A portfolio losing 50% of its value due to a stock market crash
D. An adviser not considering current pension contributions when recommending a new pension contribution

A

C

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12
Q

2021 mock paper Q 65. What is the definition of money laundering?
A. Where criminals convert illegally obtained money into apparently legitimate funds
B. The process of withdrawing regular amounts of cash from an investment bond
C. A series of transactions through financial products
D. Investing money under a false identity

A

A

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13
Q

2021 mock paper Q 66. What is the maximum compensation the Financial Ombudsman Service can award that is binding on the respondent for complaints about actions or omissions by firms that occurred on or after 1 April 2020?
A. £158000 plus the claimant’s costs and interest
B. £160.000 plus a maximum of 5% interest
C. £350,000 plus the claimant’s costs and interest
D. £355.000 plus the claimant’s costs and interest

A

D

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14
Q

2021 mock paper Q 67. What is the maximum pay out under the Financial Services Compensation Scheme for home finance mediation activities?

A

B - 100% of £85,000

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15
Q
2021 mock paper Q 68. Who has responsibility for ensuring that procedures are implemented to meet the six consumer outcomes that a firm should strive to achieve to ensure the fair treatment of customers? 
A. The Financial Conduct Authority 
B. The advisory firm 
C. The Financial Policy Committee 
D. The Association of British Insurers
A

B

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16
Q

2021 mock paper Q 69. If a single-tied agent does NOT have a product which will meet a particular clients needs, what can they do?
A. Sell the client the next best product in their range
B. Introduce the client to an IFA
C. Sell the client a product from a different provider’s range
D. Refer the client to a colleague in the company to help

A

B

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17
Q

2021 mock paper Q 70. Which of the following statements regarding stakeholder products and basic advice is FALSE?
A. There is a long-term deposit-based stakeholder product
B. A firm providing basic advice must explain why it chose the stakeholder product
C. Basic advice initial disclosure information must be given on first contact
D. There is no requirement to ‘know your customer’

A

A

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18
Q

2021 mock paper Q 71. The rule that all communications concerning financial promotion of regulated business must be fair. clear and not misleading does NOT apply to;
A. A personal quotation or illustration
B. A poster highlighting a fund’s past performance
C. An advertisement detailing charges under a product
D. Web based advertising covering claim statistics for I P

A

A

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19
Q

M88. Which of the following firms, authorised prior to the FSMA, would have been automatically re-authorised by the FSA and since recognised by the FCA and PRA? Tick all that apply.
A. Appointed representative of investment firms
B. A solicitor’s firm authorised by their Recognised Professional Body (RPB) under the Financial Services Act 1986
C. Firms authorised under the Insurance Companies Act 1982
D. Firms authorised under a Self- Regulating Organisation (SRO) under the Financial Services Act 1986

A
CD - 
7A1 & 7A3 
"Firms previously authorised under the:
- Banking Act 1987
- Insurance Companies Act 1982
- Financial Services Act 1986's
    - Securities and Investment Board
    - Self-Regulating Organisations
were automatically re-authorised by the then FSA for their previously authorised activities."

Firms previously authorised by an RPB were not grandfathered in presumably because the FCA didn’t want to trust their decision making.

Appointed representatives are exempt from authorisation.

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20
Q

M89. What must a firm establish before it can appoint someone as an appointed representative (AR)? Tick all that apply.
A. The appointment won’t prevent the firm from satisfying the threshold conditions
B. The firm has adequate controls over the person’s regulated activity
C. The AR is already, and will continue to be. an authorised person
D. The AR will act solely by making introductions and distributing advertisements

A

AB -
7B6 (7/17)
~”Before an appointed representative is appointed, the principle must establish:
- the appointment doesn’t prevent the principle from satisfying the threshold conditions
- the AR is solvent (not in financial trouble)
- the AR has no close links which would be likely to prevent the effective supervision of the person by the firm
- the firm has adequate controls over the AR’s regulated activities”

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21
Q

M90. In the Financial Conduct Authority’s Handbook, which of the following rules apply to the reporting of complaints? Tick all that apply.
A. Firms must submit statistics regarding complaints twice a year
B. Firms must report the number of contracts cancelled within the cooling off period
C. Firms must report the number of complaints closed within 4 weeks or less of receipt
D. Firms must distinguish and notify the FCA of expressions of dissatisfaction and actual complaints

A

AC -
7C2A (7/20)
“As part of the reporting requirements for authorised firms, the FCA requires firms to submit, twice a year, details of customer complaints. This must include the number of complaints received, how many were closed within four weeks and how many closed within eight weeks of receipt”

22
Q

M91. Under anti-money laundering regulations. in which circumstances must a firm complete full Customer Due Diligence? Tick all that apply.
A. When a regulated firm suspects money laundering or terrorist financing
B. When a regulated firm establishes a business relationship
C. Where the transaction presents a low degree of risk
D. When a regulated firm carries out an ad hoc transaction

A

ABD

23
Q

M92. Which of the following statements are true in relation to the Data Protection Act 2018? Tick all that apply.
A. It is limited to the UK GDPR provisions
B. The Information Commissioner continues to regulate and enforce data protection laws
C. The Information Commissioner can bring criminal proceedings in certain circumstances
D. The maximum fine for a serious data breach is £17m (20m euros) or 2% of global turnover

A

BC -
7F2
Tricky question, D is almost right - its actually £17m or 4% of global turnover
Basically it gives the Information Commissioner more power to regulate with both fines and criminal proceedings

24
Q

M93. In the financial Conduct Authority’s Handbook, what information must be given in a direct offer financial promotion? Tick all that apply.
A. Must always mention that tax treatments can change
B. Confirmation that the firm is regulated or authorised by the FCA
C. The firm’s one-page product summary document featuring the FCA’s logo
D. Details of any charges and expenses

A

BD -
8A6C
Direct - “non-real-time financial promotion which contains an offer or invitation to enter into a controlled agreement”
list of things to contain is too long for here but basically it needs to fully encapsulate everything you might need for a full transaction, no communication with an intermediary will be necessary before taking out a direct one so gotta cover your bases.

25
Q

M94. A firm is required to produce a suitability report for a retail client if they make a personal recommendation to a UK-based retail client that they: Tick all that apply.
A. take income withdrawals from a pension contract
B. increase regular contributions on their OEIC
C. obtain a BR19 forecast
D. suspend regular contributions on their pension

A

AD -
8A7B
Pension anything always play it safe, will always need to be able to justify recommendations here. No idea what a BR19 forecast is either I missed it or its a red herring. No real recommendation for B.

26
Q

M95. Which of the following would be regarded as a conflict of interest or a material interest? Tick all that apply.
A. Dealing as an agent for more than one party
B. Dealing as principal
C. Acting as a broker fund adviser
D. The IFA is personally invested with the recommended provider
E. Recommending a transaction to buy an investment where another client has already given an instruction to sell in the same investment

A

ABCE -
8B2 (8/22)
“Where an adviser is aware of a conflict of interest or a material interest, a disclosure of that interest must be made in writing to the client, wherever possible before any transaction is arranged. For the avoidance of doubt, conflicts of and material interests will include:
- dealing as principal
- dealing as agent for more than one party
- recommending a transaction to buy or sell an investment where another client has already given instructions to buy or sell in the same investment
- acting as a broker fund adviser”

27
Q

M96. Under what circumstances does a firm NOT have to give the client the information required under the initial disclosure rules? Tick all that apply.
A. If the meeting does not conclude i.e. a second meeting is booked
B. If the meeting is solely concerned with general insurance
C. If it has already been given to the client and is still valid
D. Execution only transactions in non-life packaged products

A

CD -
8B3A
“On first contact with a retail client where advice or arrangements in packaged products are contemplated (i.e. before fact-finding takes place) a firm must provide a client with specific information about the firm and its relationship with the client”
Initial disclosures are initial (v. early) and are just general information, the rules are similar to direct advertisements - how to contact us, who supervises us if we misbehave, stuff like that.

28
Q

M97. For how long must Client Agreements be held for? Tick all that apply.
A. 6 years for most forms of business
B. The duration of the relationship with the client if longer than 5 years
C. Indefinitely if the case is a pension transfer
D. 3 years for protection business only

A

BC - pensions always forever, & B is just for almost everything else

29
Q

M98. What are the categories of organisations who introduce business to a firm? Tick all that apply.
A. Partially exempt firms
B. Firms that are not FCA authorised
C. Partially authorised firms
D. Firms that are regulated by a Designated Professional Body

A
BD - 
8B4
"Organisations that introduce business to a firm will fall into one of four categories:
- Authorised by the FCA
- Exempt firms 
- Not FCA-Authorised
- Regulated by a DPB"
CII want us to understand how the responsibility is allocated in each scenario, which is basically any scenario. "Partially" anything doesn't work because the handbook has just divided every single firm into one of four categories with clear boundaries.
30
Q

M99. What information must be stated on the cancellation notice issued to a retail customer? Tick all that apply.
A. Confirmation of the client’s right to cancel
B. It must specify the duration of the client’s right to cancel
C. The inclusion of a freepost envelope to allow the client to cancel without postage
D. Confirmation that the client cannot continue as a client in the event of cancellation

A

AB

31
Q
M100. Which of the following might prompt a client review for Brian and Jill, a middle-aged couple with no dependants? Tick all that apply. 
A. Impending general election 
B. Introduction of a new tax relief 
C. An increase in interest rates 
D. Changes to tax liabilities
A

BCD

32
Q

P88. Which member of staff in a large authorised firm would usually be deemed to be carrying out a significant influence function?
A. A complaints department assistant.
B. A customer services manager.
C. The Money Laundering Reporting Officer.
D. The compliance officer.

A

CD

33
Q

P89. In respect of an authorised firm’s record-keeping requirements
A. all advice records must be kept indefinitely.
B. pension transfer records can be destroyed after seven years.
C. financial promotions for occupational pension contracts must be kept for a minimum of six years.
D. pension opt-out records must be kept indefinitely.
E. life assurance advice and recommendation records must be kept for a minimum of five years.

A

CDE

34
Q

MULTIPLE ANSWER P90. Frank posted a letter of complaint to his independent financial adviser (IFA) on 1 March, which was received by the firm on 3 March. The firm sent an acknowledgement on 5 March, a holding response on 30 March and a final response on 26 April. From this information, it can be deduced that the
A. acknowledgement was not sent within the prescribed time limit.
B. final response was sent within the prescribed time limit.
C. Frank was not kept informed of progress correctly.
D. IFA must have informed Frank of his Financial Ombudsman Service referral rights by 26 April.

A

BD -
Acknowledgment must be sent “promptly” [so will be obvious in the exam, a few business days is fine.]
Holding response must be sent within 4 weeks
Final response should be sent within 8 weeks
“Final response must be notified to the complainant along with their right to refer the matter to the FOS within 6 months”

35
Q

P91. Jim, a sole trader independent financial adviser, is considering his position regarding the Financial Ombudsman Service’s (FOS) rules and jurisdiction. He should be aware that
A. the maximum award ignoring costs and interest for complaints is currently £160,000.
B. compensation may be awarded for both financial and non-financial loss.
C. compensation may be awarded to a limited company if it suffers financial loss.
D. all FOS decisions are binding on both Jim and the complainant.

A

BC

36
Q

P92. What circumstances would give rise to a financial crime under the Financial Conduct Authority’s jurisdiction?
A. Failing to report a suspicious transaction.
B. Using privileged information about a company to make a financial gain.
C. Failing to keep client records up to date.
D. Knowingly recommending a product with high charges.

A

AB - I guess C&D are more poor conduct, whereas A&B are money laundering and insider dealing which are more crimey

37
Q

P93. Martin is an independent financial adviser. In the course of dealing with his clients he
A. is not required to offer a fee charging option.
B. always acts as an agent for his clients.
C. may not refer clients to professional connections.
D. may undertake pension transfer business if suitably qualified.

A

BD

38
Q

Multiple Answer P94. Who may be categorised as a per se professional client?
A. A firm authorised by the Financial Conduct Authority.
B. A mortgage applicant in the UK.
C. A credit institution.
D. A small limited company with a turnover of £10,000.

A

AC

39
Q

P95. When a firm of independent financial advisors makes a recommendation and completes a financial transaction for a client, in respect of the firm’s fiduciary relationship with the client, the firm should be aware that
A. it acts as an agent for the client only.
B. its relationship stops if the client declines a recommendation.
C. its relationship continues during all stages of the transaction.
D. the responsibilities of the relationship are greater for a professional client than a retail client.

A

AC

40
Q

P96. When an authorised firm is dealing with execution-only and limited advice transactions, the firm should be aware that the
A. client can request to proceed on a limited advice basis.
B. know your customer requirements only apply to limited advice transactions.
C. firm is required to assess the appropriateness of limited advice transactions only.
D. complaint-handling rules in relation to the Financial Ombudsman Service only apply to limited advice transactions.

A

ABD - Very weird wording on these answers but what it means by B & D is actually “the complaint-handling rules in relation to the Financial Ombudsman Service apply to the limited advice transactions - but not the execution only transactions” make sure your answers are consistent

41
Q

P97. When considering client cancellation rights, an authorised firm should be aware that
A. if cancellation rights are not issued when required, a client may cancel at any future point.
B. for pension transfers, the firm may issue a pre-sale right to withdraw as an alternative.
C. the firm must always accept a notice to cancel an annuity, even if the annuitant is deceased.
D. the firm must maintain records of cancellation notices for personal pensions for a maximum of 3 years only.

A

AB

42
Q

P98. In connection with suitability reports, an authorised firm should be aware that
A. they are always required for friendly society plans.
B. for a flexi-access drawdown pension plan, risk factors must be clearly stated.
C. they are required if a client commences income withdrawal from a flexi-access drawdown pension plan.
D. they are required for execution-only transactions.

A

BC

43
Q

P99. When considering a client’s circumstances, a financial adviser becomes aware of a material change. At what point should he usually take account of the change?
A. Within 30 days of the change.
B. Only at the next annual review.
C. When the change affects the current or previous recommendations made.
D. When the change affects the current or future needs.
E. On the specific plan anniversary for those products that are affected.

A

CD - don’t feel pressured to give three answers when they give A-E, if only D and C seem appropriate then they are the answers

44
Q

P100. When making referrals to a professional connection, an authorised firm should be aware that
A. referrals may be made to only one specialist firm in each area of expertise.
B. client permission is always required.
C. if referrals are made to another authorised firm, responsibility for the client advice must be clearly agreed.
D. a solicitor to whom a client is referred must also be authorised to give advice on investment business.
E. a fee-sharing agreement is always required.

A

BC

45
Q

2021m 36. Which of the following is outside the scope of the Financial Services and Markets Act 2000 (FSMA)? A. Commercial buy to let mortgages B. Mortgage regulation C. Deposit taking D. General insurance

A

A

46
Q

2021m 66. A new insurance company must apply to which regulator for authorisation?

A

B - The PRA

New insurance companies are a prudential risk

47
Q

2021m 89. What factors should a firm take into account when recruiting and training a new employee who will be dealing with retail clients? Tick all that apply. A. Ethnicity B. Sexual orientation C. Previous training D. Date of birth E. General market knowledge

A

CE - Date of birth shouldn’t be important, unless they are under 18 which is obviously possible

48
Q

2021m 92. In relation to the General Data Protection Regulation and the Data Protection Act 2018, which of the following would be regarded as client data? Tick all that apply. A. Employer’s name B. National Insurance records C. Family circumstances D. Bank details

A

BCD - “any personal information held in any format” I guess employer name doesn’t count

49
Q

2021m 96. Client agreements are required for which of the following? Tick all that apply. A. Direct offer financial promotions B. Life offices selling life policies as a principal C. Investment business with a retail client D. Life offices selling pension policies as a principal E. Packaged product business with a retail client

A

CE - Direct offer promotions and life offices selling life and pension policies as a principle are exempt from providing client agreements. Most other business does require a client agreement.

A client agreement literally just says “this is how we operate as a firm” and should be provided to retail clients before conducting business, or immediately afterwards where that isnt possible.

50
Q

2021m 97. What must be included within a Client Agreement? Tick all that apply. A. Regulation by the FCA B. The IFA’s contact details C. The FCA’s logo D. Risk warnings

A
AD
"Client agreements must set out in adequate detail the basis for conducting the business, such as:
- commencement
- regulation by the FCA
- investment objectives
- restrictions
51
Q

2021m 99. Which of the following financial services products has a 30-day cancellation period? Tick all that apply. A. Electing to take income withdrawal B. Transferring a child trust fund C. Stakeholder pensions D. Opening a cash ISA

A

AC - pensions always play safe, will have to remember taking an income withdrawal is 30-day