FMA cancel FAP licence – advice process, record-keeping, disclosures, and evidence of suitability all factors
Filcare held a full financial advice provider licence, and they provided financial advice to approximately 1,800 retail clients, many of whom were migrant workers from the Filipino community. Its cancellation follows the termination of its distribution agreement with Fidelity Life Assurance Company Limited and AIA New Zealand Limited and the FMA’s inquiry into its affairs.
Filcare were found to have contravened its licence obligations by failing to:
keep adequate records in relation to advice given to its clients,
ensure its clients understood the financial advice they received,
exercise care diligence and skill when providing financial advice to its clients,
provide adequate disclosures relating to advice, and
demonstrate that recommendations made to clients were suitable.
From our perspective, that appears to indicate failures in a wide range of areas of the advice process. As a comparison business we are particularly concerned with the areas of care, diligence, and skill, and demonstrating suitability – which we help more than 1,100 advisers with.
FMA’s Head of Perimeter and Response Helena Lewis said
“…we observed that clients did not receive adequate nature and scope disclosures and were therefore unable to make an informed decision about whether to seek, obtain, or act on the advice.
We also found that Filcare advisers failed to demonstrate that the recommendations made to clients were suitable. As an example, for a vast majority of clients, the documentation on file lacked the requisite detail to clearly show how the selected levels of cover were determined, and that the recommendation matched the risk tolerance, financial situation, and needs and goals of the client.
In files concerning replacement advice, there was no evidence that clients were informed of the potential risks of replacing existing policies, such as losing benefits they might have otherwise received under original policies, or the likelihood of exclusions or limitations associated with changes in health, lifestyle, or occupation that have occurred since the original policy has been taken out.”
Filcare clients with concerns are able to complain to Financial Services Complaints Limited.
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