Terms of Business

Authorised Status

Terms of Business

Waypoint Financial Planning Limited is regulated by the Central Bank of Ireland as an Authorised Adviser under Section 10 of the Investment Intermediaries Act 1995, as a Mortgage Credit /Mortgage Intermediary authorised pursuant to Section 31(10) of the European Union (Consumer Mortgage Credit Agreements) Regulations 2016 and Section 151A (1) of the Consumer Credit Act 1995 and as an Insurance Intermediary under the European Union (Insurance Distribution) Regulations, 2018.”

The company’s regulatory number with the CBI is C143835. The Central Bank of Ireland keeps a register of all authorised advisers, and this can be viewed at www.registers.centralbank.ie

Our firm is subject to the following codes of conduct issued by the Central Bank of Ireland. These codes offer protection to consumers and can be found on the Central Bank’s website, www.centralbank.ie.

• Consumer Protection Code 2012
• Minimum Competency Code 2011
• Prudential Handbook for Investment Intermediaries
• Fitness and Probity StandardsServices

  Our core business is comprehensive financial planning, and where a need is identified during that process, we can also arrange the appropriate products for our clients.

  As an authorised adviser and mortgage and insurance intermediary, we provide a fair analysis of the market in relation to pensions, investments, insurance, and bank deposits. This means we will research the marketplace and recommend the best products to suit your needs.

  As an AA, the firm is authorised to provide broad based advice and receive and transmit orders in respect of the following:

• UCITS (Undertakings for Collective Investment in Transferrable Securities)
• Tracker Bonds
• Personal Retirement Savings Accounts (PRSAs) ·
• Listed Shares and BondsThe firm is also authorised to act as a deposit broker and to give advice in respect of deposits and as a mortgage credit intermediary pursuant to S31 (10) of the European Union (Consumer Credit Agreements) Regulations 2016.

• Remuneration Policy

  Our work is conducted on a ‘fee basis’. The level of fee will depend on the complexity of the financial plan, time spent, and nature and extent of the research required. However, our initial meeting is without charge, as this helps both us and the client to establish if our services are suitable for them. It also gives us the opportunity to get to know the client and what is important to them.

  In implementing a client’s financial planning strategy, an insurance, investment, or pension product may be required. We can arrange these for the client. Our fees may be discharged directly by the client by way of once off set-up fee, or in some cases, the product provider may offer a commission option. Commissions may have an impact on premium levels and/or fees charged by the product provider. This will be discussed in detail with the client, and the option best suited to their circumstances will be agreed with the client in advance.

  Knowing Our Clients & Statements of Suitability

  Getting to know our client’s current financial situation, as well as their future goals, objectives and risk appetite is core to the service we offer.

  We achieve this through face-to-face meetings and a detailed financial questionnaire which we ask our clients to complete. This will also need to be supported by relevant third-party documentation. We may request written authorisation from you to liaise with third parties on your behalf on occasions. We ask that you keep us up to date with any material changes at your end that may have an impact on your financialaffairs.

  Where a need is identified, clients can be assured that Waypoint Financial Planning Limited undertakes to use its experience and expertise in considering all relevant factors before recommending to any party the purchase of any product. Before entering any contract, you will be advised of the suitability and then given a statement of why, in our opinion, such product is suitable for your needs. All advice given will be based on our understanding of current law and Revenue Commissioner practice. It may be that subsequent changes might affect the validity of recommendations that may have been made and the use of any such product might need to be reviewed as a result.

  Consumer Protection

  Client’s personal data is strictly confidential and available only to our firm. We do not share client’s personal data unless otherwise instructed by our clients or in the conduct of business on behalf of our clients.

  We are subject to the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Acts 1988 – 2018. We are committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client. Clients’ personal data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Data Privacy Notice, which is appended to this Terms of Business. Please contact us at colm@waypoint.ie if you have any concerns about your personal data.

  This firm is a member of the Investor Compensation Scheme established under the Investor Compensation Act, 1998. This 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 be aware that a right to compensation will only arise in respect of regulated products which the firm is authorised to advise on and deal in, and where money or investment instruments arranged by this firm on your behalf cannot be returned either for the time being or in the foreseeable future, and where the client falls within the definition of eligible investor as set out in the Act.

  In the event that a right to compensation is established, the amount payable is the lesser of 90% of your loss which is recognised as being eligible for compensation or €20,000. Your legal rights against the firm are not affected by this scheme.

  Waypoint Financial Planning Limited also holds Professional Indemnity Insurance as it is required to do under the European Union Insurance Distribution Directive.

  Other Company Interests

  Services provided by an associated company Colm Nolan and Associates Limited. Colm Nolan is a Director of both Waypoint Financial Planning Limited and Colm Nolan and Associates Limited and provides services to both companies. Colm Nolan and Associates Limited provides independent taxation and financial advice.

  If, in the course of providing its services, Waypoint Financial Planning Limited identifies a requirement that Colm Nolan and Associates Limited could assist with, we will bring this to your attention. If you proceed to engage the services of Colm Nolan and Associates Limited, we will request your permission to share personal data collected Waypoint Financial Planning Limited with Colm Nolan and Associates Limited. Data will be shared only to avoid unnecessary duplication and to provide you with the service you require. Client information will never be shared between the two businesses without your consent.

  Conflict of Interest and Complaints

  clients. If you have not been advised of any conflict you may assume that none arises.

  This firm does not have any “tied” relationships with any institution that would compromise our ability to offer you unbiased advice and choice.

  The firm has written procedures in place for the effective consideration and handling of complaints. A copy of our full complaint procedure is available on request. This procedure ensures that complaints will be recorded and acknowledged in writing within 5 business days.

  Any complaints that you may have should be addressed to the Compliance Officer, Waypoint Financial Planning Limited, Block B, Maynooth Business Campus, Maynooth, Co Kildare. All complaints will be fully investigated, and the outcome of the investigation will be communicated to the complainant. In the event of the complainant remaining dissatisfied with the firm’s handling of and response to a complaint in respect of protection, investment, deposits or mortgages, the complaint may be referred to the Financial Services & Pensions Ombudsman, Lincoln Place, Dublin 2.

  The office of the FSPO can be contacted at: Lo Call: 1890 88 20 90 Tel: 01 6620899 Fax: 01 6620890 Email:

  enquiries@financialombudsman.ie

  Duties & Responsibilities of Clients and Good Faith

  Irish law deems insurance to be a special class of contract which imposes onerous duties upon prospective insureds and their agents. Both parties are obliged to act with utmost good faith towards insurers at all times. Product producers are entitled to withdraw benefit or cover on default of any payments due under any product arranged for your benefit. The action which the relevant product producer may take in the event of default by a client is included in the product producer’s policy schedule.

  Anti-Money Laundering Requirements

  As with other professional services firms, we are under stringent requirements to identify our clients for the purposes of anti-money laundering legislation. We are required to request from you, and retain, some information and documentation for these purposes.

  If satisfactory evidence is not provided within a reasonable time, there may be circumstances in which we may not be able to proceed with your business transaction.

  The provision of investment services is regulated under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended) and are required to report all knowledge or suspicion or reasonable grounds to know or suspect that a criminal offence giving rise to any direct or indirect benefit from criminal conduct has been committed, regardless of whether that offence had been committed by a client or third party.

  If, as part of our normal work, we have knowledge or suspicion, or have reasonable grounds to know or suspect that such offences have been committed we are required by law to make a report to An Garda Si?ocha?na and Revenue Commissioners.

  In such circumstances we are prohibited from discussing such reports with you of same, such prohibition arising from restrictions imposed by the “tipping off” provisions of the anti-money laundering legislation.

  Associated Risks

  Waypoint Financial Planning Limited place investment, insurance, pension, and mortgages business for our clients with Financial Institutions/Investment companies that meet our minimum financial guidelines. However, we cannot and do not guarantee the current solvency or continuing solvency of any Institution used.

  It is important for you to understand that there are inherent risks associated with wealth management & investing, retirement, and financial planning. Risks may be by way of, but not limited to, systemic or specific market risks or through the failure of a financial institution to fulfil its commitments to holders of products, such as but not limited to, deposit accounts or tracker bonds.

  In addition, the past performance of a particular investment market or a particular investment product should not be interpreted as an indicator of future investment performance as investment markets, especially over the short term, can fall as well as rise.

  Termination of Client- Adviser Relationship

  You or we may terminate our authority to act on your behalf with immediate effect at any time. This termination must be in writing and cannot be backdated. The termination will be without prejudice to the completion of any transactions already initiated and you will remain responsible for the payment of any fees and expenses incurred up to the date of termination, or to the date of completion of any transactions in progress, whichever is the later.

  In the event that a product arranged on your behalf is redeemed which results in Waypoint Financial Planning Limited being required to refund commission received, we reserve the right to charge you a fee for services provided up to the amount of commission refunded.

  Governing Law and Business Succession

  These Terms of Business shall be governed by and construed in all respects according to the laws of the Republic of Ireland and are valid until further notice and will be deemed to cover any successors in business to Waypoint Financial Planning Limited. This Terms of Business supersedes with immediate effect any others that we may have previously issued to you.

  Acceptance of These Terms

  I/We have read through, understand, accept, and return this Terms of Business confirming my/our agreement with Waypoint Financial Planning Limited of Block B Maynooth Business Campus, Maynooth, Co Kildare to act as my/our Financial Planner and Adviser and I/we also authorise you to hold my/our personal data on file, to contact me/us in writing, by telephone or by email in respect of financial matters. I/We authorise Waypoint Financial Planning Limited to correspond with any third parties on my/our behalf in the conduct of this assignment.

  If I/we have been referred to Waypoint Financial Planning Limited by Colm Nolan & Associates Limited I/we consent to Colm Nolan & Associates Limited giving Waypoint Financial Planning Limited access to personal data about me/us held by that firm that may be required by Waypoint Financial Planning Limited to provide its services to me/us.

  Client Name: Client Name

  Signature: Date:

  Signature: