The purpose of this document is to set out the basis on which Gillmor Pensions and Investments Limited trading as Gillmor Pensions and Investments, (“the company”) will provide advice to you in the area of life insurance, pensions and investments. It contains details of our regulatory and statutory obligations and the respective duties of both the company and you the customer relating to the provision and acceptance of these services.
This is an important document so please read it carefully to enable you to decide if our services are right for you. If you have any questions, please contact us and we will clarify any areas that may be unclear. If there are any material changes to the information in this document, you will be issued with a revised copy.
This document takes effect from 1st September 2020 or whenever it is received (whichever is later) and supersedes any Terms of Business agreement that may have been previously sent to you.
Gillmor Pensions and Investments Ltd, trading as Gillmor Pensions and Investments, (“the Company”) is regulated by the Central Bank of Ireland (Reference no. C165518) as follows:
- Registered as an Insurance Intermediary under the European Union (Insurance Distribution) Regulations 2018.
- Authorised as an Investment Business Firm under Section 10 of the Investment Intermediaries Act (IIA), 1995 (as amended), to provide the services of an investment intermediary.
- Authorised as an Investment Product Intermediary - this means that we hold appointments from IIA product producers, including intermediaries that may issue appointments, appearing in the register maintained under Section 31 of the Investment Intermediaries Act (as amended).
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
The Firm is subject to and complies with the Central Bank of Ireland Consumer Protection Code, Minimum Competency Code, Fitness & Probity Standards and the Handbook of Prudential Requirements for Investment Intermediaries. These codes and standards offer protection to consumers and can be found on the Central Bank of Ireland website www.centralbank.ie, use search function for ‘Codes/Guidance on Regulatory Requirements’.
Life & Pensions & Life Wrapped Investments
We provide 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 in the market to enable us to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet 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 policy 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 Specified Illness policies.
Specifically, on the subject of permanent health insurance policies we 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 Specified Illness policy, we will explain clearly to you the restrictions, conditions and general exclusions that attach to that policy.
We are remunerated by both commission and/or fees. No commission payment will influence our decision to recommend a particular product. We will consider how the product producers and insurers have integrated sustainability risks into their investment product offerings prior to making any recommendations to our clients. Customers also have the option of paying solely by fee. In the event of advice being offered or services provided to clients for which we are not remunerated by commission we will charge a fee. Please note, if a recommendation is made in line with your requirements and you do not proceed, a fee will also be payable by you. Please see below and also on our website under the heading "Our Remuneration".
SCHEDULE OF FEES AND CHARGES (Please note these are non-refundable)
Life Insurance, pensions and investments
We are remunerated by both commission and/or fees. The service can be provided on a fee-only basis if desired. If you wish to pay by means of fee this will be agreed in writing with you in advance of the provision of service. The amount of any commission received can be deducted from any fee payable. Our fees are charged as follows;
Administering of a claim
By agreement and which will be set out in writing to you if applicable.
Data access requests
Free in most cases, any charges will be outlined to you in advance if applicable
Investment Intermediary Services
We are remunerated by commission for our investment intermediary services.
Insurance based Investment Products
We are remunerated by commission and/or fees for the advice we provide on our insurance based investment products.
Cooling Off Period
A consumer (as defined by SI No 853 of 2004) has the right to withdraw from a life insurance policy within 30 days of the start date of the policy without penalty and without giving any reason. This is known as the cooling off period. The right of withdrawal may be exercised by notice in writing to Gillmor Pensions and Investments Ltd quoting your policy number. Should this right be exercised the insurance company may charge for the period you are on cover.
Duty of Disclosure by You
You have a duty of disclosure to provide all information material to the risks being insured and to answer all questions honestly and with reasonable care. This means any information that would influence a decision by an insurer whether to accept a risk and if so, on what premium and terms. In the event of non-disclosure an insurer has the right to cancel your insurance from inception and claims under your policy may not be met. Failure to make full disclosure may also cause difficulty for you trying to purchase insurance elsewhere. If you are in any doubt as to whether or not information is material, then it should be disclosed.
Conflicts of Interest
It is our policy to avoid situations where there is a conflict of interest. Should such a situation arise or could be perceived to arise, we will declare it as soon as is practicable to do so. Where an unavoidable conflict of interest arises we will advise you of the fact, in writing, before providing any business service. If you have not been advised of any such conflict of interest, you may assume that none arises.
Sustainable Finance Disclosure Regulations
We consider the adverse impacts of investment decisions on sustainability factors in our investment advice and our Insurance based Investment Advice and we do this both in the initial stages of our research and in our recommendations on an ongoing basis. We do this as part of the investment services we provide to our clients. In order to build in the assessment of sustainability risks into our process we rely on the product information supplied to us by the Insurers and Product Producers. We examine this in detail to come to our decision. Following our “in house” research we will advise you on the likely impacts of sustainability on the returns of the product we are recommending. We will comment on this in your recommendation letter.
Default and/or Cancellation
You, the customer can cancel your policy at any time by giving notice in writing subject to the terms and conditions of the applicable policy. The Company reserves the right to exercise its legal rights to receive payments due to it for business services provided.
Handling Client Money
In the vast majority of cases we do not handle client money and all premiums, contributions and investments are made directly to the provider of the arrangement in question. If payment is to be made to the company then this should be made to our Client Premium Account, details of which are available on request.
A receipt will be issued for all monies paid and you should keep these in a safe place. We cannot pay a premium where the customer has not paid us. Product providers may cancel cover where a customer has failed to meet their obligations in relation to payment terms and conditions.
Instructions for Policy Amendments
It is important to note that where an instruction is transmitted to amend your policy via phone message, text, or email that you are aware that these changes in cover are only operative provided they have been confirmed by Gillmor Pensions and Investments Limited. For the avoidance of doubt please note that leaving a voice message on our answering service is not a basis to assume that changes have been made. In some cases, we may also deal with people contacting us on your behalf as long as we have your permission. If you would prefer that we only deal with you, please let us know. In exceptional circumstances it may be necessary for us to deal with other people, for example, if you are incapacitated and if a next of kin contacts us in relation to your policy.
Insurance based Investment Products The company's services does not include ongoing suitability assessments.
We have a written procedure in place for the effective handling of complaints. If you are unhappy with any aspect of our service please let us know by contacting us by phone, in person, or in writing. Complaints in writing should be addressed to the Compliance Officer, Gillmor Pensions and Investments Ltd, 39 Woodbine Road, Blackrock, Co. Dublin. Each complaint will be acknowledged by us in writing within 5 working days and updates will be advised in intervals of not more than 20 working days. We will make every effort to resolve the complaint within 40 working days and findings will be furnished to you within 5 working days of completion of the investigation. In the event that you are not satisfied with the firms handling of and response to your complaint, you can contact the following: The Financial Services and Pensions Ombudsman, Lincoln House, Lincoln Place, Dublin 2, D02 VH29. Phone 01-5677000 visit their website www.fspo.ie or email email@example.com
Gillmor Pensions and Investments Ltd. complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018.
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 which it was given and as outlined in our Data Privacy Notice and Data Protection policy. We would also like to keep you informed of insurance, investment and any other relevant services provided by us 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 to receive such marketing information please complete the permission statements contained in the Terms of Business acknowledgment letter attached.
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 firstname.lastname@example.org if you have any concerns about your personal data.
E-mail communication and the internet
We value the environment and wish to reduce the amount of paper we use and so endeavour to communicate with you by means of electronic communication (as defined in the Electronic Commerce Act 2000) whenever possible. Despite our best efforts to ensure security by using the most up to date security processes, electronic communication may be corrupted and may not be either private or secure and, as with other means of delivery, there is a risk of inadvertent misdirection or non-delivery. It is your responsibility to carry out a virus check on electronic communication and attachments. While we take reasonable steps to ensure the integrity of our data transmission systems, we cannot guarantee that our communication will be free from infection.
Compensation Schemes/Client Protection
We are members of the Investor Compensation Company Limited (ICCL) established under the Investor Compensation Act 1998. This legislation provided for the establishment of a Compensation Scheme for the payment, in certain circumstances, of compensation to certain clients of firms (known as eligible investors) covered by the Act. In the event that a right to compensation has been established, the amount payable is 90% of your loss or €20,000 (whichever is the lesser). Gillmor Pensions and Investments Limited also holds a significant level of Professional Indemnity Insurance.
Brokers Ireland Compensation Fund
We are also members 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.
The company reserves the right to request information which it reasonably believes it needs to know in order to comply with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended. From time to time, we may ask customers to confirm (or reconfirm) their identity in order to comply with the Anti-Money Laundering requirements.
Governing Law and Language
The laws of Ireland form the basis for establishing relations between you and Gillmor Pensions and Investments Limited. All contracts, terms, conditions and communications relating to any policies you may enter into with his firm will be in English.