Client Advice Flashcards
What the two types of investors?
Individual or retail investors - people
institutional investors - hedge funds
How are individual investors usually classified?
By wealth - retail, high net worth and very high net worth
What is the aim of the RDR?
To protect and enhance consumer confidenc
What does the Proceeds of Crime Act 2002 require?
Disclosure of info which might relate to financial crime
Is a fiduciary duty always owed to a client?
A court will rule so unless it was expressly written in terms which weren’t unfair
What are the consumer outcomes the FCA expects relating to TCF and Principles for Business 6?
- Corporate Culture
- Marketing
- Clear Info
- Suitability of advice
- fair product expectations
- absence of post sale barriers
In communications what must a firm not do?
Omit or obscure any duty or liability it may have under the regulatory system
If an entity like the FCA is a qualifying body, what does this enable them to do?
Tackle unfair terms
Who defines fairness and what is it?
FCA by agreement with CMA - terms are unfair is they cause a significant imbalance in the parties rights and obligations to the detriment of the consumer
What is the role of CMA?
Principle enforcer of Unfair Terms in Consumer Contracts regulations 1999
What are 3 points of an advisors fiduciary duty to his clients?
There should be no conflict of interests
they should act in clients best interests
they should disclose all facts in full
What can the FCA do to firms using unfair terms?
Challenge them
Make recommendations and apply for injunctions
Additionally it must investigate all complaints about unfair terms
If a contract includes an unfair term what happens?
The rest of the contract will remain valid if it can still exist without the unfair term
What will the FCA do when investigating unfairness?
Unless urgent it will write to a Firm requesting a response and after this it may escalate activities
What is the Financial Planning Process?
- Obtain relevant info (fact find)
- Establish and agree client objectives
- Process and analyse data
- Formulate recommendations
- Implement recommendations
- Review and Update
What are the two client objectives?
Maximise returns or match liabilities - these can work in unison to a degree
What is the difference between a nominal liability and a real liability?
nominal liability does change with inflation such as a bank loan.
real liability does change with inflation such as the cost of living for a pension
What is the Fact Find Process?
Advisor attains personal and financial info
there is no regulatory requirements surrounding it
if advisor wishes to obtain third party info e.g. fund performance the advisor needs a letter of authority from the client
both hard and soft facts can be asked
What are the types of risk
Capital - an asset value may change
Inflation
Interest rates - bank changes can have knock down effects
Shortfall - does make enough money
Investors tend to focus on capital risk investing in safe assets with low returns which have increased exposure to other factors
What is systematic risk?
Market risk
What is Non- systematic risk?
Specific Risk
Into what two Categories can risk be qualified?
Market or systematic risk
Specific or Non systematic risk
How can assets be diversified?
Asset Class
Within Asset Class
Fund Manager
What types of Investment are considered no risk?
NS+I and Gilts
What types of Investment are considered low risk?
Banks and Building Society Deposits
Cash ISA’s
Annuities
What types of Investment are considered low/medium risk?
Pre redemption Gilts
With profit funds
What types of Investment are considered medium risk?
Unit linked managed funds
Unit Trusts, OIEC and ICVC (UK)
Investment Trust (UK)
Property