These Terms of Business set out the general terms under which we will provide financial services to you and the respective duties and responsibilities of both the firm and you in relation to same.
Please read these terms thoroughly and if you have any queries we will be happy to clarify them. We will notify you if any material changes are made.
John F. Loughrey Financial Services is the trading name of John F Loughrey & Associates Ltd. and our registered office is Crossview House, Letterkenny, Co. Donegal.
We are regulated by the Central Bank of Ireland as an - Insurance Intermediary registered under the Insurance Mediation Regulations, 2005; as an Investment Intermediary authorised under the Investment Intermediaries Act, 1995 and as a Mortgage Intermediary authorised under the Consumer Credit Act, 1995.
Copies of our regulatory authorisations are available on request or from the Central Bank of Ireland registers at www.centralbank.ie
CODES OF CONDUCT
John F. Loughrey Financial Services is subject to the Consumer Protection Codes which offer protection to consumers. The Minimum Competency Code and Fitness and Probity requirements are upheld by our staff. These codes can be found at www.centralbank.ie.
DESCRIPTION OF SERVICES
John F. Loughrey Financial Services arranges and provides advice on Protection, (Life assurance, Serious Illness & Income Protection) Investments, Pensions, Savings and Deposits.
A full list of insurers and product producers that we deal with is available on request.
We will provide assistance to you on any queries you may have in relation to any policies we arrange for you or in the event of a claim during the life of a policy. We will explain the various restrictions, conditions and exclusions attached.
John F. Loughrey Financial Services acts as an Independent Broker which means that;
- Our services are provided on the basis of a fair analysis of the market and
- we give you the option to pay in full for our services by means of a fee.Fair Analysis- means the number of contracts and providers considered must be sufficiently large to enable an intermediary to recommend a product that would be most suitable to meet a client’s needs. The number of providers that constitutes ‘sufficiently large’ will vary depending on the number of providers operating in the market.
John F. Loughrey Financial Services is remunerated by commission and other payments from product producers or lenders on the completion of business. However you may elect to deal with us on a fee basis.
Where fees are chargeable or where you choose to pay in full for our service by fee, we will notify you in writing in advance and agree the scale of fees to be charged.
However in general terms the following fees will apply.
Financial Advisor- €150 - €250 per hour (depending on the complexity and specialist skills required)
Technical Support- €75.00 per hour
If we receive commission from a product provider, this may/will be offset against the fee which we will charge you. Where the commission is greater than the fee due, the commission will become the amount payable to the firm unless an arrangement to the contrary is made.
Commission details will be issued in policy documentation from the product providers.
REVIEW & CLIENT RESPONSIBILITIES
As a client of John F. Loughrey Financial Services we will contact you to review your policies. However it is in your best interests that you also review the policies we arrange for you. As your circumstances change, your needs will change. You must advise us of these changes and request a review so that we can ensure you are provided with up to date advice and products best suited to your needs. Failure to inform us of changes in your circumstances may result in you having insufficient insurance cover and/or inappropriate products. Also failure to disclose material information or to maintain premiums on protection policies may result in loss of cover, invalidate a claim and render your policy void.
It is your responsibility to read the policy documents, literature and brochures provided to ensure that you understand the nature of the policy.
HANDLING CLIENT MONEY
John F. Loughrey Financial Services will accept payments in respect of business services in the circumstances permitted under Section 25G of the Investment Intermediaries Act, 1995. Any monies paid directly to us are placed in a ‘client premium account’ and transmitted to the relevant product provider. We do not hold money received in the course of providing business services to you. Any money that we receive on your behalf will be forwarded to you, a third party nominated by you or the product provider selected by you.
We shall issue a receipt for all money received. This is required pursuant to Section 30 of the Investment intermediaries Act, 1995. These are issued with your protection in mind and should be retained.
CONFLICTS OF INTEREST
It is our policy to avoid any conflict of interest when providing business services to our clients. However should an unavoidable conflict arise we will advise you of this as soon as we become aware of the conflict of interest. If you have not been advised of any such conflict you are entitled to assume that none arises.
John F. Loughrey Financial Services is a member of the Investor Compensation Company Ltd (ICCL) established under the Investor Compensation Act 1998.The scheme allows for payment in certain circumstances of compensation to certain clients of firms (eligible investors) covered by the Act. A right to compensation would only arise where client money or investment instruments held by this company on your behalf cannot be returned either for the time being or for the foreseeable future, and where the clients fall within the definition of eligible investor as contained in the act.
In the event that a right to compensation is established, the amount payable will be the lesser of 90% of your loss which is recognised as being liable for compensation or €20,000. Contact details for the ICCL are 01-2244955 and www.investorcompensation.ie.
As a member of the Irish Brokers Association (IBA), we are also a member of the their Compensation Fund. Subject to the rules of the scheme the liabilities of its member firms up to a maximum of €100,000 per client (€250,000 in aggregate) may be discharged by the Fund on its behalf if the member firm is unable to do so, where the above detailed ICCL (established by law) has failed to adequately compensate any client of the member.
We also hold Professional Indemnity Insurance.
John F. Loughrey Financial Services complies with the Data Protection Act 1988 and 2003. The data which you provide to us will be held on a computer database and in paper files for the purpose of arranging transactions on your behalf. We take great care with the information provided by you keeping it secure and ensuring it is only processed in ways compatible with the purposes for which it was given. To fulfil these objectives we may share information with other affiliated professionals.
The information and data provided to our office may be used to advise you of products and services we may offer from time to time. You have the right at any time to request a copy of any ‘personal data’ within the meaning of the Data Protection Act 1988 (as amended or re-enacted from time to time) that our office holds about you and to have any inaccuracies in that information corrected. This should be requested in writing. In accordance with legal and regulatory requirements we will retain your file for a minimum period of 6 years following the termination of any relationship with our office.
We would also like to keep you informed of insurance, investment, deposit and any other services provided by us or associated companies with which we have a formal business arrangement; which we think may be of interest to you. We may contact you by way of letter, email or telephone call. If you do not wish to receive such marketing information please let your financial advisor know and you can opt out.
We have a written procedure in place for considering and handling of complaints. This is available on request. We ask that you make any complaint against our firm relating to Financial Services provided by us in writing for the attention of Ms. Lisa Loughrey. We will acknowledge your written complaint within 5 working days and we will fully investigate it. Updates will be given every 20 working days and a report issued to you on completion. Our aim is to provide you with a comprehensive response not later than 40 working days from receipt of your complaint. In the event that you are still dissatisfied with our handling of, or response to your complaint, you are entitled to refer the matter to the Financial Services or Pensions Ombudsmen. Contact details and information can be found at www.financialombudsman.ie or www.pensionsombudsman.ie.
Our firm will exercise its legal rights to receive payments due to it from clients for financial services provided. Insurers and other product producers may withdraw benefits or cover in the event of default on payments due under policies of insurance or other products arranged for you. We would refer you to policy documents or product terms for the details of such provisions
By signing your fact-find document you are acknowledging that you have been provided with a copy of the Terms of Business for John F. Loughrey Financial Services and you agree to the terms set out therein. In addition you agree to the provision of these services to you and in doing so you will become a client.