Terms of Business
(These terms of business are effective from 1st September 2021)
McGeough Financial Consultants Ltd. of Market Square, Letterkenny, Co. Donegal specialises in the provision of Life Insurance, Investment and Pension services to consumers.
McGeough Financial Consultants Ltd. is authorised by the Central Bank of Ireland under the Investment Intermediaries Act, 1995 to provide advice on, and arrange Tracker Bonds, PRSA’s and Bank Deposits. Our firm is also registered as an Insurance Intermediary under the European Union (Insurance Distribution) Regulations, 2018 (as amended). The Central Bank of Ireland holds registers of regulated firms. You may contact the Central Bank of Ireland on 1890 777 777 or alternatively visit their website on www.centralbank.ie to verify our credentials.
Our firm is subject to the Central Bank’s Consumer Protection Code 2012 and the Minimum Competency Code. These codes offer protection to our clients and can be found on the Central Bank’s website www.centralbank.ie.
McGeough Financial Consultants Ltd. is regulated by the Central Bank of Ireland. Our regulator number is C44617.
McGeough Financial Consultants Ltd is authorised to offer advice and place business on your behalf in relation to all aspects of life insurance (mortgage protection, term assurance, whole of life, serious illness), savings, investments, pensions and deposits.
Our firm provides life, investment and pension services to our clients on a “fair and personal analysis basis” for insurance based products. “Fair and personal analysis of the market” means that our firm provides its services on the basis of a sufficiently large number of contracts and product producers available in the market to enable our firm to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet our consumer’s needs. In relation to non-insurance based investment products, other than bank deposit accounts, we provide advice on a limited analysis and non- independent basis, as we may receive remuneration from the product providers of such products.
These products include structured products which may typically be listed bonds and shares, collective instruments, unit trusts and tracker bonds. The product providers with which we currently hold agencies for these products are BCP Asset Management, Bespoke Investments, Cantor Fitzgerald, J & E Davy and Merrion Stockbrokers.
McGeough Financial Consultants Ltd. is remunerated by commission from the product providers we deal with, details of which are available on our website. We may receive renewal commissions on an ongoing basis – these contribute to our administration costs in providing you with services.
Sustainable Finance Disclosure Regulation (‘SFRD’)
This EU regulation is effective 10 March 2021. As the area of the SFDR is new and evolving without sufficient information being currently available, we do not currently assess in detail the adverse impact of investment decisions on suitability when providing investment or insurance advice. The key product providers with which we engage have developed responsible investment as part of their investment philosophies and sustainable policies. However, detailed information on specific fund recommendations we recommend is not always available. As further information on the approach being taken by product providers, and their fund managers, becomes available over the course of the next year, we anticipate reviewing these areas in our assessments.
Conflict of Interest:
It is the policy of McGeough Financial Consultants Ltd. to avoid a conflict of interest when providing services to clients. Where an unavoidable conflict arises we will advise you of this in writing before providing any business services. If you have not been made aware of any such conflict you may assume that none arises.
We do not have a holding, direct or in-direct, representing 10 percent or more of the voting rights or of the capital in any insurance undertaking and likewise no insurer has such a holding in McGeough Financial Consultants. We represent our customers when dealing with insurers.
McGeough Financial Consultants Ltd. has in place a written procedure for the handling of complaints. This procedure ensures that all complaints are recorded and acknowledged within 5 business days. All complaints are fully investigated and the complaint updated at intervals of not greater than 20 business days. We will attempt to investigate and resolve a complaint within 40 business days.
In the event that a client remains dissatisfied with the handling of and/or response to a complaint they may refer the matter to The Financial Services and Pensions Ombudsman, Lincoln House, Lincoln Place, Dublin 2, D02 VH29.
McGeough Financial Consultants Ltd. is a member of the Investor Compensation Scheme established under the Investor Compensation Act 1998. The legislation provides for the establishment of a compensation scheme and to the payment in certain circumstances, of compensation to clients of firms covered by the Act. However, you should also be aware that a right to compensation would only arise where money 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 client falls within the definition of eligible investor as contained in the Act. In the event that a right to compensation is established, the amount payable is the lesser of 90% of the clients loss, which is recognised as be eligible for compensation, or €20,000.
We do not conduct a periodic assessment of the suitability of insurance-based investment products or non-life financial instruments on an ongoing basis unless instigated at your request.
It is in your best interest that you review, on a regular basis, the products which we have arranged for you. As your circumstances change, your needs will change. You must advise us of those changes and request a review of the relevant policy or investment so that we can ensure that you are provide with up to date advice and products best suited to your needs. Failure to contact us in relation to changes in your circumstances or failure to request a review may result in you having insufficient insurance cover and/or inappropriate investments.
Consumer Insurance Contracts Act 2019:
The Consumer Insurance Contracts Act is aimed at enhancing consumer protection. Set out below are some specific points arising from the new legislation.
The consumer is under a duty to pay their premium within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.
A court of competent jurisdiction can reduce the pay-out to the consumer where they are in breach of their duties under the Act, in proportion to the breach involved.
Post-Contract Stage and Claims:
The consumer must cooperate with the insurer in an investigation of insured events including responding to reasonable requests for information in an honest and reasonably careful manner and must notify the insurer of the occurrence of an insured event in a reasonable time.
The consumer must notify the insurer of a claim within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.
If the consumer becomes aware after a claim is made of information that would either support or prejudice the claim, they are under a duty to disclose it. (The insurer is under the same duty).
If, when making a claim, a consumer provides information that is false or misleading in any material respect (and knows it to be false or misleading or consciously disregards whether it is) the insurer is entitled to refuse to pay and to terminate the contract.
Where an insurer becomes aware that a consumer has made a fraudulent claim, they must notify the consumer on paper or on another durable means advising that they are avoiding the contract of insurance. It will be treated as being terminated from the date of the submission of the fraudulent claim. The insurer may refuse all liability in respect of any claim made after the date of the fraudulent act, and the insurer is under no obligation to return any of the premiums paid under the contract.
You will be asked specific questions prior to taking out a policy. You are required to answer all questions asked by us, or the insurer, honestly and with reasonable care.
An insurer may repudiate liability or limit the claim payment if it establishes that there has been non-disclosure of material information and that the insurer would not have issued a policy or issued a policy on the terms on which it did if that information had been known to the insurer.
Likewise, where there has been misrepresentation by a consumer, an insurer may, depending on the type of misrepresentation, reduce the amount of a claim or refuse to pay a claim.
A copy of an application form or proposal form, where such is relevant to the particular contract, will be provided to you showing the insurers specific questions and information required for underwriting purposes. You must review the document(s) provided and check that the answers you provided to insurers, or to us when assisting you to complete the application form or proposal form, are accurate. If any information or answer provided is incorrect you must notify us immediately.
A list if product producers from which our firm holds a letter of appointment is available on request.
An outline of the action and remedies which the relevant product producers may take in the event of default by a client is included in the product producers documents which are issued to you at inception. McGeough Financial Consultants Ltd. will exercise its legal rights to receive any payments due to it from clients for business services provided.
McGeough Financial Consultants Ltd. complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018. We are committed to protecting and respecting your privacy. We wish to be transparent on how we are accountable with the GDPR in relation to not only processing your date but ensuring you understand your rights as a client. The data will be processed only in ways compatible with the purposes for this is was given and as outlined in our Data Privacy Notice which will be given to all our clients at the time of data collection. We will ensure that this Privacy Notice is easily assessable. Please refer to our website www.mcgeoughfinancial.ie. If this medium is not suitable we can easily provide you with a copy of post or email.
If you have any concerns about your personal data you may contact us by post, phone or email email@example.com.
Any failure to disclose material information may invalidate your claim and render your policy void.
Client acknowledgement & Consent
I/We acknowledge and confirm that I/we have been provided with a copy of the Terms of Business for McGeough Financial Consultants Ltd. and that I/we have read through and understand these terms.
I/We consent to McGeough Financial Consultants Ltd. and its associated forms contacting me/us by letter, email, SMS text or telephone regarding any products which may be of interest. Where a third party has introduced me to McGeough Financial Consultants Ltd., I/we also consent to the disclosure to that third party of information