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Keydata

Tuesday 28 July 2009

Keydata action group launches and mulls legal action

A Keydata action group has been launched by an investor who is seeking to bring together victims of the firm's administration and affect an Early Day Motion alongside possible legal action to help claw back investors' money.

The action group was set up this week by Pete Magowan, a personal investor who held a secured income bond with Keydata.

He says he has a "significant amount of money" caught up in Keydata, a company which was put into administration last month. (See article.)

Magowan is concerned about claims made in Keydata’s marketing literature and that the Financial Services Authority (FSA) does not appear to be taking steps to protect investors.

He said: "The role of SLS was not mentioned in the marketing material, the roles of HSBC, the fact these bonds have gone missing when large blue chip names are down as custodians, I think we’re just at the tip of the iceberg here.

"There isn’t much information coming to the consumer. The FSA have an opportunity to stand up and be counted here and to reassure people in the way we’ve seen them act in things like Northern Rock but they’re not stepping into the breach at this stage and I would encourage them to do so.

"I have called the FSA and despite assurances that someone would call me back, they haven’t."

Magowan is particularly concerned that, in its initial communication to the market, the administrators PricewaterhouseCoopers said investor’s money was safe, but now Magowan claims these hopes have been dashed.

PwC had hoped to find a buyer for Keydata quickly, but the sale has been blighted by allegations of fraud and tax issues. (See related article.)

The next steps for the newly formed action group is to grow its membership and Magowan is looking to ascertain how many victims are interested in acting in concert to make their voices heard.

He added: "There are different agendas going on, but we want people to stand up for investors.

"If the FSA are prepared to do that, fantastic as is their role. If not, somebody will have to because there’s a vacuum from the necessary authorities."

"We want members to let their MPs know and look for an Early Day Motion and effectively act together to get our own independent legal advice eventually and see where that goes."

The action group can be found at www.keydatavictims.ning.com.  


RDR latest

Tuesday 01 July 2008

The RDR Facts
1. Advice will be either 'independent advice' or 'restricted advice'. 'Independent advice' will be "unrestricted and unbiased". 'Restricted advice' will apply when offering a limited range of products (e.g. single tied, multi-tied advisers, simplified advice and basic advice). The advice type must be explained to customers.
2. The concept of Guided Sales is to be dropped recognising the difficulty in making this work when there is no personal recommendation i.e. advice.
3. 'Basic Advice' will remain. The qualification requirements will be lower, as will remuneration restrictions. The product range will be limited to stakeholder-style investment and savings products. Execution-only services are unaffected.
4. The scope has moved beyond packaged products. If something serves a comparable purpose for the customer, it will be subject to the rules. This brings in structured products, unregulated collective investment schemes and investment trusts.
5. 'Panels' are compatible with independence only if they are broad in their coverage and reviewed frequently. If a firm uses a third party for research, the firm must ensure the output is robust.
6. Advisers will be banned from recommending products that automatically pay commission. Investors must be told upfront how much advice will cost and will be able to choose whether to pay a fee or have the cost deducted from their investment. The charge must be clear, as must the services it is paying for. If charged for through the product, it must adhere to a matching principle i.e. £1 remuneration matches a £1 product charge. 'Commission offsetting' will not be possible.
7. Providers will not be able to indemnify commission ('factoring'), though flexibility is possible in terms of when the advice charge is taken and how (e.g. a percentage of funds or fixed amount). Advisers can access credit but only through a third party.
8. Legacy business and their subsequent increments are not affected by Adviser Charging. The FSA will seek out those who try to exploit this in the run-up while not adapting to the RDR.
9. Inducements and 'soft commissions' from provider to adviser must be for the client benefit. Any significant benefit e.g. training, must be widely available and not just for target accounts.
10. For group pension arrangements (non-occupational), change is firmly in the FSA's plans. 'Adviser charging' is possible when some form of personal advice is given to members. 'Arranger charging' is being looked at, where a GPP is sold without advice and remuneration is agreed with the employer. This seems close to Factory Gate Pricing options already available.
11. 'Ongoing charges' (i.e. trail commission) will only be allowed when there is an ongoing service to the client, except for where a client has an investment to which regular contributions are made.
12. A Professional Standards Board – independent from the FSA – will be set up to implement and oversee higher standards in areas of qualifications, ethics and CPD.
13. Minimum qualifications for advisers will be at QCF Level 4 or equivalent as before (equivalent to the first year of a Bachelors degree). For existing advisers, an oral version of the examinations will be allowed but will cover the same content. The FSA does not intend this to be a "soft option".
14. A new code of ethics is being introduced and will be consulted on. Also to be given an airing are possible principles for an annual Continuous Professional Development standard.
15. The FSA is looking closely at how firms will measure adviser performance. They are suggesting it should not be based on appointment to sales conversions or reward for selling one product over another.

Pension switching advice

Tuesday 28 July 2009


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Thursday 26 November 2009


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