Terms of    Business    of    MC    Financial-­‐

Effective from October 2014

These Terms of Business set out the basis on which M&E Curtin (Financial Services) T/A MC Financial will provide services to you as a consumer of the firm. Please take a few minutes to read through these and if you have any questions we will be happy to answer same. If any material changes are made to these terms we will notify you.

 

  • The full name and address of the firm and communication details are:

 

M&E Curtin (Financial Services) Ltd t/a MC Financial                Telephone:   01 822 8022

Registered Office:                                                                           E-mail:        info@mcfinancial.ie I Sorrel Heath                                                                                  Web:            http://mcfinancial.ie/ Clonsilla                                                                                           Company Reg No:  481159

Dublin 15

 

 

Authorised Status

M&E Curtin (Financial Services) Limited T/A MC Financial is regulated by the Central Bank as an insurance intermediary registered under the European Communities (insurance Mediation) Regulations,

2005 and as a mortgage intermediary authorised under the Consumer Credit Act, 1995. Copies of our regulatory status are available on request. 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 at  www.centralbank.ie  to verify our credentials.

 

 

 

Codes of Conduct

M&E Curtin Financial Services T/A MC Financial are subject to the Consumer Protection Code, Minimum Competency Code and Fitness and Probity Standards which offer protection to consumers. These codes can be found on the Central Bank’s website www.centralbank.ie

 

 

Services

 

M&E Curtin (Financial Services) Ltd T/A MC Financial is a member of PIBA (Professional Insurance

Brokers Association) and LIA (Life Assurance Association)

 

  • The services which the firm is authorised to provide are:

(a) Advising in relation to the nature of each of the products set out below and recommending you the product/products that are most suited to your needs.

(b) Selecting a suitable product or products from product providers

(c) Receiving and transmitting orders on your behalf for a product or products to one or more product producers

 

Our principal business is to provide advice and arrange transactions on behalf of clients in relation to Mortgages, Life Assurance products including Life Assurance policies, Specified Serious Illness, Protection, Pensions, P.R.S.A’s, Savings and Investment products and Tracker Bonds.

A full list of insurers, product producers and lending agencies with which we deal is available on request.

 

Fair Analysis

The concept of fair analysis is derived from the Insurance Mediation Directive. It describes the extent of the choice of the products and providers offered by an intermediary within a particular category of life assurance, general assurance, mortgages, and/or specialist area. The number of contracts and providers considered must be sufficiently large to enable an intermediary to recommend a product that would be adequate 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 for a particular product or service and their relative importance in and share of that market. The extent of fair analysis must be such that could be reasonably expected of a professional conducting business, taking into account the accessibility of information and product placement to intermediaries and the cost of the search.

On your behalf we will carry out a fair analysis of the market; taking account of a sufficiently large number of contracts and product producers available in the market to enable us to make a professional recommendation to meet your insurance requirements.

 

On receipt of your instructions we will transmit orders on your behalf to one or more product producers with whom we hold a written appointment (a list of which is available on request). If we do not hold a written  appointment  with  the  product  producer(s)  we  will  provide  you  with  the  relevant  contact information.

In order to ensure that the number of contracts and providers is sufficiently large to constitute a fair analysis of the market, we will consider the following criteria:

 

  • The needs of the consumer,
  • the size of the customer order,
  • the number of providers in the market that deal with brokers,
  • the market share of each of those providers,
  • the number of relevant products available from each provider,
  • the availability of information about the products,
  • The quality of the product and service provided the cost, and any other relevant consideration.

 

LIFE & PENSIONS

MC Financial provides life assurance and pensions on a fair analysis basis i.e. providing services on the basis  of a sufficiently  large  number  of contracts  and  product  producers  available  on the market  to enable  us  to  make  a  recommendation,   in  accordance  with  professional  criteria,  regarding  which contract would be adequate to meet the your needs.

 

We will provide assistance to you for any queries you may have in relation to the policies or in the event of a claim during the life of the policies and we will explain to you the various restrictions, conditions and exclusions attached to your policy. However, it is your responsibility to read the policy documents,  literature  and  brochures  to  ensure  that  you  understand  the  nature  of  the  policy  cover; particularly in relation to PHI and serious illness policies.

 

Specifically on the subject of permanent health insurance policies it is our policy to explain to you a) the meaning of disability as defined in the policy; b) the benefits available under the policy; c) the general exclusions that apply to the policy; and d) the reductions applied to the benefit where there are disability payments from other sources.

 

For a serious  illness  policy,  we will  explain  clearly  to you  the restrictions,  conditions  and  general exclusions that attach to that policy.

 

 

MORTGAGES

Through the lenders or other undertakings with which we hold an agency, MC FINANCIAL can provide advice on and arrange mortgage products from the following range: fixed rate loans, variable rate mortgages, capital & interest mortgages, interest only mortgages, endowment mortgages, pension mortgages and residential investment mortgages.

MC FINANCIAL provides mortgage advice on a fair analysis basis. We will need to collect sufficient information from you before we can offer any advice on housing loans.  This is due to the fact that a key issue in relation to mortgage advice is affordability. Such information should be produced promptly upon our request.

 

 

 

 

REMUNERATION POLICY/DISCLOSURE OF INFORMATION

Any failure to disclose material information may invalidate your claim and render your policy void.

 

MC FINANCIAL is remunerated by commission and other payments from product producers or lenders on the completion of business. You may choose to pay in full for our services by means of a fee.

Where we receive recurring commission, this forms part of the remuneration for initial advice provided. If we receive commission from a product provider, this may be offset against the fee which we will charge you. Where the commission is greater than the fee due, the commission may become the amount payable to the firm unless an arrangement to the contrary is made

 

 

MC FINANCIAL will apply a charge for services rendered in the following:

 

Mortgages

 

MC FINANCIAL applies a standard up front commitment charge of €649 for its services on residential mortgages. We reserve the right to charge a consultant fee of €75. We reserve the right to apply an increased charge where the complexity of the case necessitates additional resources to facilitate the application process.

MC FINANCIAL may receive mortgage commission from lenders from .35% up to 1% of the value of the amount borrowed

 

  1. There will be a Fee of €225 for the initial Mortgage Application process. The outstanding

€349 will be due when the Loan Offer has been issued.

  1. There will be a standard Consultation Fee of €75 for each mortgage consultation. This Fee will be payable on the day of first meeting.

 

Please note that lenders may charge specific fees in certain circumstances and if this applies, these fees will be specified in your Loan Offer. You have the right to pay a fee separately and not include it in the loan. Typically, this situation arises in relation to specialist lending.

 

Life and Pensions

 

  • For Life, Pensions & Investment business, the firm is remunerated by way of a client fee or a commission from the product provider or a combination of both. Should a fee be payable full details of such will be disclosed to the client from the outset.

 

You may elect to deal with us on a fee basis. The hourly rate is €150.

Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency. We will give an estimate of this rate in advance of providing you with services

 

The firm provides advice on investment bonds, pension planning and protection products and any commissions received will be disclosed prior to this business being done. In relation to investment advice we reserve the right to charge a fee for our services of up to 5% of the investment amount.

 

With regard to pension planning we reserve the right to charge a fee of up to a max of €7,500 to review clients existing pension arrangements and make a client specific recommendation. For arranging a regular premium pension contract for a customer, we reserve the right to apply a charge of up to 25%

of the first year’s annual premium. For arranging a single premium pension investment we reserve the

right to charge a fee of up to 5% of the investment amount.

 

All charges applicable by MC FINANCIAL will be fully disclosed in writing to the customer in advance.

Personal Retirement Savings Accounts (PRSAs) – Fees

 

Where advice is requested for PRSAs, the following fee will apply:

A flat fee of €595 will be charged for the arrangement of the pension if the pension is arranged on a ‘’nil commission basis’’ if initial commission is received this will be rebated to you in full.

 

Reviews of your pension will incur a fee of €250 and will be agreed in advance alternatively a fund based renewal commission of 0.5% of fund value will be charged.

 

Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency. We will give an estimate of this rate in advance of providing you with services

 

 

REGULAR REVIEWS

It is in your best interests 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 so that we can ensure that you are provided 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.

 

 

Conflict of Interest

It is the policy of the firm to avoid any conflict of interest when providing services to its consumers. However, where an unavoidable conflict may arise we will advise you of this in writing before proceeding to provide any service. If you have not been advised of any such conflict you are entitled to assume that none arises

 

 

DEFAULT ON PAYMENTS BY CLIENTS:

Our firm will exercise its legal rights to receive payments due to it from clients for investment business services provided.

In particular, without limitation of the generality of the foregoing, the firm will seek reimbursement for all payments made to insurers on behalf of clients where the firm has acted in good faith in renewing a policy of insurance for the client. 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.

Mortgage lenders may seek early repayment of a loan and interest if you default on your repayments. Your home is at risk if you do not maintain your agreed repayments.

 

COMPLAINTS

We ask that you make any complaint against our firm, relating to services provided by us, in writing. We  will  acknowledge  your  complaint  within  5  business  days  and  we  will  fully  investigate  it.  On completion of our investigation, we will provide you with a written report of the outcome. 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 Ombudsman or the Pensions Ombudsman. A full copy of our complaints procedure is available on request.

 

 

Data Protection

 

M&E Curtin Financial Services Limited complies with the requirements of the Data Protection Acts,

1988 and 2003.  MC  FINANCIAL  will  treat  all  personal  information  given  to  it  in  confidence a confidential information and we will not disclose such information  except as permitted  by you or as required by law. The personal data you provide us will be held on paper and on a computer database and  will  only  be  used  for  the  purpose  of  arranging  transactions  on  your  behalf.  The data will be processed only in ways compatible with the purposes for which it was given. We would also like to keep  you  informed  of  mortgage,  insurance,  investment  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 would like to contact you by way of letter, email or telephone call. If you do not wish   to   receive   such   marketing   information   please   tick   the   box   in   the   Terms   of   Business

acknowledgement letter. We may receive referrals from such firms and may advise them of any transactions arranged for you.

 

Compensation Scheme

 

COMPENSATION SCHEME

We  are  members  of  the  Investor  Compensation  Scheme  operated  by  the  Investor  Compensation

Company Ltd. See below for details.

 

INVESTOR COMPENSATION SCHEME

The Investor Compensation  Act, 1998 provides for the establishment  of a compensation  scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) of authorised investment firms, as defined in that Act.

The Investor Compensation Company Ltd. (ICCL) was established under the 1998 Act to operate such a compensation scheme and our firm is a member of this scheme.

Compensation  may be payable where money or investment  instruments  owed or belonging to clients and held, administered  or managed by the firm cannot be returned to those clients for the time being and where there is no reasonably foreseeable opportunity of the firm being able to do so.

A right to compensation will arise only:

  • § If the client is an eligible investor as defined in the Act; and
  • § If it transpires that the firm is not in a position to return client money or investment instruments

owned or belonging to the clients of the firm; and

  • § To the extent that the client’s loss is recognised for the purposes of the Act.

 

Where an entitlement to compensation is established, the compensation payable will be the lesser of:

  • § 90%  of  the  amount  of  the  client’s  loss  which  is  recognised  for  the  purposes  of  the  Investor

Compensation Act, 1998; or

  • § Compensation of up to €20,000.

 

For further information, contact the Investor Compensation Company Ltd. at (01) 224 4955.

 

 

 

Terms of Business Effective Date 4th November 2014

Client Name: __________John Doe________________________

 

M&E Curtin (Financial Services) Ltd. t/a MC Financial Services

 

Status

M&E Curtin (Financial Services) Ltd t/a MC Financial Services (‘the Company’) is regulated by the Central Bank of Ireland.

 

Terms of Business

Attached are the Company’s Terms of Business, which outline the basis on which we provide services to our clients. Please ensure that you read this document. These Terms of Business apply to all business transactions undertaken for you or services provided to you and will remain in force until further notice. Should we make any material changes to our Terms, we will advise you in advance of providing any further services to you.

 

Data Protection

M&E Curtin (Financial Services) Ltd. complies with the Data Protection Acts 1988 and 2003. The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf. We would also like to keep you informed of various mortgage, insurance, investment, and any other services provided by us or associated companies with which we have a formal business arrangement, and which we think may be of interest to you. We may receive referrals from associated companies and may advise them of any transactions arranged for you. If you do not wish to receive such marketing information please tick the box below.

 

Yours Sincerely,

 

Michael Curtin,

Managing Director.

 Client Acknowledgment

Terms of Business

I acknowledge that I have been provided with a copy of the Terms of Business of M&E Curtin (Financial Services) Ltd. and confirm that I have read and understand them.

 

Direct Marketing

I confirm having read the paragraphs in relation to Data Protection in the Terms of Business and above, – and consent to M&E Curtin (Financial Services) Ltd – making contact with me by letter, phone, email, or SMS text in relation to the range of services provided by M&E Curtin (Financial Services) Ltd or its associated or partnership companies and to the sharing of relevant information as indicated.

 

If you do not wish to avail of these services, please tick here

 

 

Signed: __________________________  Date:     /       /

 

Signed: __________________________  Date:     /       /

 

T

Our Contact Details

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MC Financial Services
Unit 9, Coolmine Enterprise Centre,
Coolmine, Dublin 15
Phone: 01 822 8022
Mobile: 087 932 1882

Email: info@mcfinancial.ie