Terms of Business
Terms of Business Version 19.2
Effective from 15th December 2020
Eugene Gilligan trading as Eugene Gilligan Financial Advice & Services
These Terms of Business set out general terms under under which my 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, I will be happy to clarify them. If any material changes are made to these terms, I will notify you.
Authorisation with the Central Bank of Ireland
Eugene Gilligan trading as Eugene Gilligan Financial Advice and Services (C30312) 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. Copies of my 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 my credentials.
Codes of Conduct
Eugene Gilligan Financial Advice & Services 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
Eugene Gilligan Financial Advice & Services is a member of Brokers Ireland.
My principal business is to provide advice and arrange transactions on behalf of clients in relation to life & pensions products. A full list of insurers and product producers with which I deal is available on request.
Insurance Intermediary Services
- the principal regulated activities of the firm are provided on the basis of a fair and personal analysis of the market;
b) you have the option to pay in full for our services by means of a fee.
Fair and Personal Analysis
The concept of fair and personal analysis 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.
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.
Eugene Gilligan Financial Advice & Services is remunerated by commission for its investment intermediary services
We are remunerated by commission for the advice we provide on our insurance based investment products.
Life, & Pensions/Deposits & Investments: Eugene Gilligan Financial Advice & Services provides life assurance, investments, deposits and pensions on a fair and personal analysis basis i.e. providing services on the basis of sufficiently large number of contracts and product producers available on the market to enable me to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet your needs.
I 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 I 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 I will 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, I will explain clearly to you the restrictions, conditions and general exclusions that attach to that policy.
Statement of Charges
Eugene Gilligan Financial Advice & Services may earn my remuneration on the basis of fee, commission and any other type of remuneration, including an economic benefit of any kind offered or given with the insurance contract. A non-monetary benefit will only be accepted if it enhances the quality of the service to our clients.
You may choose to pay in full for our services by means of a fee; our fee structure is outlined below. Where I 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 5 hrs, these fees will be charged in line with our below fee structure. We will notify you in advance when these fees are applicable.
A summary of the details of all arrangements for any fee, commission other reward or renumeration paid or provided to me which have agreed with product providers is available in my office on or my website http://www.eugenegilligan.ie/index.php/terms-of-business/
In certain circumstances, it will be necessary to charge a fee for services provided. These are listed below for life, pensions & investments and Standard PRSAs. Where such fees are chargeable, I will notify you in writing in advance. In other circumstances where fees are chargeable or where you choose to pay in full for our service by fee, I will notify you in writing in advance and agree the scale of fees to be charged if different from fees outlined below.
Where it is not possible to provide the exact amount, we will provide you the method of calculation of the fee.
If I receive commission from a product provider, this may be offset against the fee which I 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, Pensions & Investments Fees
You may elect to deal with us on a fee basis.
Principles €150 per hour
Support staff € 40 per hour
Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency, our scale of fees for such cases range from a minimum of €150 per hour to a maximum of €375 per hour. I will notify you in advance and agree the scale of fees to be charged.
Personal Retirement Savings Accounts (PRSAs) – Fees
Where advice is requested for PRSAs, the following hourly fees will apply:
Advisor fees: €150 per hour.
Support staff: € 40 per hour.
Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency. We will notify you in advance of providing you with these services, our scale of fees for such cases range from a minimum of €150 per hour to a maximum of €375 per hour. 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 will become the amount payable to the intermediary unless an arrangement to the contrary is made.
The firm does not include ongoing suitability assessments
It is in your best interests that you review, on a regular basis, the products which I have arranged for you. As your circumstances change, your needs will change. You must advise me of those changes and request a review of the relevant policy so that I can ensure that you are provided with up to date advice and products best suited to your needs. Failure to contact me 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.
Disclosure of Information
Any failure to disclose material information may invalidate your claim and render your policy void.
Conflicts of interest
It is the policy of my firm to avoid conflicts of interest in providing services to you. However, where an unavoidable conflict of interest arises I will advise you of this in writing before providing you with any service. A full copy of our conflicts of interest policy is available on request.
Default on payments by clients
My firm will exercise its legal rights to receive payments due to it from clients (fees and insurance premiums) 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. I would refer you to policy documents or product terms for the details of such provisions.
While we are happy to receive verbal complaints, it would be preferable that any complaints be made 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 complaint’s procedure is available on request.
Eugene Gilligan Financial Advice & Services is subject to the requirements of the General Data Protection Regulations 2018 and the Irish Data Protection Act 2018.
Eugene Gilligan Financial Advice & Services 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 me 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 and as outlined in our Data Privacy Notice and Data Protection policy, this will be given to all our clients at the time of data collection.
I would also like to keep you informed of insurance and investment and any other services provided by us or associated companies with which I have a formal business arrangement; which I think may be of interest to you. I would like to contact you by way of letter, email or telephone call. If you would like to receive to receive such marketing information, please complete the permission statements contained in the Terms of Business acknowledgement letter attached.
I 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 my office holds about you and to have any inaccuracies in that information corrected. Please contact me at firstname.lastname@example.org if you have any concerns about your personal data.
We will ensure that this Privacy Notice is easily accessible. Please refer to our website http://www.eugenegilligan.ie/index.php/terms-of-business/ if this medium is not suitable, we will ensure you can easily receive a copy by hard copy, or telephonic environment. (pre-recorded).
Please contact us at email@example.com if you have any concerns about your personal data.
I am a member 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.
Broker Ireland Compensation Fund
I am also a member of the Brokers Ireland Compensation Fund. 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.