Terms of Business

 Full Circle Financial Services Limited Terms of Business (version 19) – 15 November 2022 

Full Circle Financial Services Limited 

These Terms of Business set out the general terms under which our firm will provide business services to you and the respective duties and responsibilities of both the firm and you in relation to such services. Please ensure that you read these terms thoroughly and if you have any queries we will be happy to clarify them. If any material changes are made to these terms we will notify you. 

Authorisation with the Central Bank of Ireland 

Full Circle Financial Services Limited (C130136) is regulated by the Central Bank of Ireland as an insurance intermediary registered under the European Union (Insurance Distribution) Regulations 2018; as an Investment Intermediary authorised under the Investment Intermediaries Act, 1995 and as a Mortgage Intermediary authorised under the Consumer Credit Act, 1995, and as a Mortgage Credit Intermediary under the European Union (Consumer Mortgage Credit Agreements) Regulations 2016. Copies of our regulatory authorisations 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 

Full Circle Financial Services Limited is subject to the Consumer Protection Code, Minimum Competency Code and Fitness & Probity Standards which offer protection to consumers. These Codes can be found on the Central Bank’s website www.centralbank.ie 

Our Services 

Full Circle Financial Services Limited is a member of Brokers Ireland. As a member of Brokers Ireland we must be in a position to place insurance with at least five insurers of the relevant form (life/non-life) and therefore can generally give consumers greater choice than agents and tied agents. 

Our principal business is to provide advice and arrange transactions on behalf of clients in relation to life and pensions/mortgages. A full list of insurers, product producers and lending agencies with which we deal is available on request. 

Full Circle Financial Services Limited acts as a Financial Broker which means that: 

a) the principal regulated activities of the firm are provided on the basis of analysing all products available to us from the companies (listed below) with which we hold agencies. 

b) you have the option to pay in full for our services by means of a fee 

Fair and Personal Analysis 

The principal regulated activities of the firm are provided on the basis of a fair and personal analysis. The concept of fair and personal analysis is derived from the Insurance Mediation Directive. It describes the extent of the choice of products and providers offered by an intermediary within a particular category of life assurance, general insurance, mortgages, and/ or a 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.

Fair Analysis 

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

• the needs of the customer, 
• 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 by the provider, 
• cost, and any other relevant consideration. 

We are remunerated by commission for our investment intermediary services. 

Life & Pensions/Deposits & Investments 

Full Circle Financial Services Limited provides life assurance and pensions on a fair and personal 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. 

Sustainable Finance Disclosure Regulation (SFDR) 

In accordance with the Sustainable Finance Disclosure Regulation (‘SFDR’), we inform you that when providing advice on insurance-based investment products/Investments, we do not assess, in addition to relevant financial risks, relevant sustainability risks as far as this information is available in relation the products proposed/advised on. This means that we do not assess environmental, social or governance events/conditions that, if they occur, could have a material negative impact on the value of the investment. 

When providing advice on insurance-based investment products (‘IBIPs’) or investment advice we do not consider the impacts of our advice that result in negative effects on sustainability factors (namely environmental, social and employee matters, respect for human rights, anti-corruption and anti-bribery matters), because we are not sufficiently qualified to make a proper and thorough assessment of these risks E.g., Currently there is limited relevant products on the market which meet these criteria. The area of sustainable is relatively new and as the issue progresses, we will review our position. 

We have not assessed the likely impacts of sustainability risks on the returns of Investment/Pensions since we have not been able to identify any sustainability risks that are relevant. 

Sustainability Remuneration Policies 

We are remunerated by commission from product providers. The key product providers with which we engage, and receive remuneration from, have developed responsible investment as part of their investment philosophies and sustainability risk policies.

Mortgages 

Through the lenders or other undertakings with which we hold an agency, Full Circle Financial Services Limited 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 property. 

Full Circle Financial Services Limited provides mortgage advice on a limited analysis (providing services on the basis of a limited number of contracts and product producers available on the market). 

We provide advice on the following product providers:

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. 

Statement of Charges 

We are remunerated by commission ONLY from the product providers or lenders on completion of business. We may also charge fees where applicable and were agreed at outset with the client. 

Disclosure of Information 

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

Full Circle Financial Services Limited 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. We reserve the right to charge additional fees if the number of hours relating to on-going advice/assistance exceeds 4 hrs. 

In certain circumstances, it will be necessary to charge a fee for services provided. These are listed below for life, non-life business and Standard PRSAs. In other circumstances 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 if different from fees outlined below. 

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 may become the amount payable to the firm unless an arrangement to the contrary is made. 

Life and Pension Fees (including PRSA Plans) 

You may elect to deal with us on a fee basis. Our hourly fees will be charged as follows:- 

Principles / Directors € 300 

Senior Advisers € 200 

Support Staff € 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. If we receive commission from a product provider, this will 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 intermediary unless an arrangement to the contrary is made. 

A summary of the details of all arrangements for any fee, commission, other reward or remuneration paid or provided to the intermediary it has agreed with product providers is available on our website.

Clawback 

If we receive commission from a product provider [and off-set the commission against the fee which we would otherwise have charged you] but the commission is subsequently clawed-back by the provider because of early encashment by you or because of the transferring of the assets or business to another provider or in any circumstances consequent on your actions or omissions, we will charge a fee to you that is equal to [100% of] the clawed-back commission. That fee will be owing in simple contract upon the claw-back of the commission. 

Mortgages 

We may receive up to 1% (or whatever maximum is applicable) of the loan for arranging mortgage finance. This commission is paid by the mortgage lender. The actual amount of commission will be disclosed at a later stage in the ESIS (European Standardised Information Sheet) which will be forwarded to you. Information on the variation in levels of commission payable by the different creditors providing credit agreements being offered are available on request. 

We don’t currently charge a fee for advising on a mortgage application but we always reserve the right to do so and we will inform you of our fee PRIOR to you engaging with us. Any such fee that would be payable would be non-refundable and is not in any way an indication of mortgage/loan approval. If we do elect to charge fees in the future the fee we receive from you will be notified to the lender who will include this fee into the calculation of the APRC (Annual Percentage Rate Charge). 

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. 

If we provide mortgage advice and obtain a Loan Offer for you and you subsequently do not proceed with your mortgage application through our firm, we may seek to charge you an arrangement fee of up to € 500 for our services up to that point. 

Ongoing Suitability 

Investments. Ongoing suitability assessments form part of the service to our clients. We will provide you with updated values (on request) and we will also provide periodic assessments of the suitability of the insurance based investment product which we have recommended to you. 

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. 

Consumers: Duty of Disclosure when completing documentation for new business/renewals and midterm adjustments 

Section 14 (1) – (5) of the Consumer Insurance Contracts Act which is effective from 1st September 2021 alters consumers duty of disclosure: 

You are required to answer all questions posed by us or the insurer honestly and with reasonable care – the test will be that of the ‘average consumer’. Average consumer as per Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 2005 is reasonably well informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors. 

Specific questions will be asked. Where you do not provide additional information (after being requested to do so) it can be presumed that the information previously provided remains unchanged. 

An insurer may repudiate liability or limit the amount paid on foot of the contract of insurance, only if it establishes that non-disclosure of material information was an effective cause of the insurer entering into the relevant contract of insurance and on the terms on which it did.

Completed proposal forms/statement of fact 

Completed proposal forms or Statements of Facts will be provided to you. These are important documents as they form the basis of insurance contract between the insurer and you the consumer. You should review and confirm that the answers contained within are true and accurate. 

Commercial Customers: Non-Consumer Disclosure of Information 

It is essential that you should bring to our attention any material alteration in risk such as changes of address or use of premises. Any failure to disclose material information may invalidate your claim and render your policy void. 

Conflicts of interest 

It is the policy of our firm to avoid conflicts of interest in providing services to you. However, where an unavoidable conflict of interest arises we will advise you of this in writing before providing you with any service. 

Default on payments by clients 

Our firm will exercise its legal rights to receive payments due to it from clients (fees) for 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. 

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 

Whilst we are happy to receive verbal complaints, it would be preferable that any complaints are made to us in writing. We will acknowledge your complaint in writing within 5 business days and we will fully investigate it. We shall investigate the complaint as swiftly as possible and the complainant will receive an update on the complaint at intervals of not greater than 20 business days starting from the date on which the complaint is made. 

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 and Pensions Ombudsman (FSPO). A full copy of our complaints procedure is available on request. 

Data Protection 

We are subject to the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018. 

Full Circle Financial Services Limited is 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. 

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. 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 would like to receive such marketing information please complete the Consent to Contact Form which we have provided to you. 

See also the Privacy Notice on our website which provides you with a comprehensive overview of how we might collect and use your Data. The Data Controller for Full Circle Financial Services Limited is Nigel Groarke – contact numbers (office) 01 2530060 and (Mobile) 087 6111 400.

We will ensure that this Privacy Notice is easily accessible. Please refer to our website (www.fcfinancial.ie) if this medium is not suitable we will ensure you can easily receive a copy by hard copy by post on request. 

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

You have the right at any time to request a copy of any ‘personal data’ within the meaning of the GDPR that our office holds about you and to have any inaccuracies in that information corrected. Please contact us at info@fcfinancial.ie if you have concerns about your personal data. 

The following sections apply to consumer duties and rights arising out of the Consumer Insurance Contracts Act 2019 which was implemented to protect consumers. Non-Consumer Commercial clients have no duties and rights under this Act, and therefore the following sections do not apply to them. 

New Business & Renewal 

If you have taken out a life insurance contract, you may cancel the contract by giving notice in writing to us within 30 days after the date you were informed the contract is on cover. 

The giving of notice of cancellation by you will have the effect of releasing you from any further obligation arising from the contract of insurance. The insurer cannot impose any costs on you other than the cost of the premium for the period of cover. 

This right to cancel does not apply where, in respect of life insurance the contract is for a duration of six months or less, or in respect of general insurance, the duration of the contract is less than one month. 

You are under a duty to pay your 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 you if you are in breach of your duties under the Act, in proportion to the breach involved. 

An insurer may refuse a claim made by you under a contract of insurance where there is a change in the risk insured, including as described in an “alteration of risk” clause, and the circumstances have so changed that it has effectively changed the risk to one which the insurer has not agreed to cover. 

Any clause in a contract of insurance that refers to a “material change” will be interpreted as being a change that takes the risk outside what was in the reasonable contemplation of the both you and the insurer when the contract was concluded. 

You 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. 

You must notify the insurer of a claim within a reasonable time, or otherwise in accordance with the terms of the contract of insurance. 

If you become aware after a claim is made of information that would either support or prejudice the claim, you are under a duty to disclose it. (The insurer is under the same duty). 

If you make a false or misleading claim in any material respect (and know 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 (e.g. serious illness plan) they must notify the consumer advising that they are avoiding the contract of insurance. If 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 such 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.

Compensation Scheme 

Full Circle Financial Services Limited are members of the Investor Compensation Scheme operated by the Investor Compensation Company Ltd. See below for details. 

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. 

Brokers Ireland Clients’ Compensation and Membership Benefits Scheme (BIC) 

We are also members of the Brokers Ireland Clients’ Compensation and Membership Benefits Scheme (BIC). Subject to the rules of the scheme the liabilities of its members firms up to a maximum of €100,000 per client (or €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 Investor Compensation Scheme has failed to adequately compensate any client of the member. Further details are available on request. 

** Aviva Life purchased Friends First and now trade as one combined company 

Full Circle Financial Services Limited, 120 Lower Kilmacud Road, Stillorgan, Co. Dublin | Info@fcfinancial.ie | 01 2530060 

Directors:- Michael Russell / Nigel Groarke 

Full Circle Financial Services Limited is regulated by the Central Bank of Ireland (Central Bank Reference C130136)