TERMS OF BUSINESS

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 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.

Firm Name and Contact Details: 

Ellison Financial Consultants

Gary Ellison, Ellison Financial Consultants, 43 The Dunes, Portmarnock, Co Dublin, Ireland.

Tel:  01 8038105 / 8038106               E-mail:  This email address is being protected from spambots. You need JavaScript enabled to view it.             web:  www.ellison.ie

 

Regulatory Authorisation with the Central Bank of Ireland

Dr Gary Ellison, trading as Ellison Financial Consultants (C1327), is regulated by the Central Bank of Ireland as an Investment Intermediary under the Investment Intermediaries Act, 1995; and as an Insurance Intermediary registered under the European Communities (Insurance Mediation) Regulations, 2005. Our Central Bank of Ireland reference number is C1327. 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 Tel: 1890 777777 or alternatively visit their website on www.centralbank.ie to verify our credentials.

 

Code of Conduct

Ellison Financial Consultants is subject to the provisions of the Central Bank of Ireland’s Consumer Protection Code, Minimum Competency Code and Fitness and Probity standards which offer protection to consumers. These Codes can be found on the Central Bank of Ireland’s website: www.centralbank.ie 

 

Our Services

Ellison Financial Consultants is a Financial Broker and a member of Brokers Ireland.

We offer financial advice, and are not tied to any financial institution. We have been in business for the past 34 years. The firm can provide financial planning consultancy, and is authorised to advise and arrange transactions on behalf of Clients on a fair and personal analysis of the market in relation to investments, savings, pensions, PRSAs, life cover, serious illness, income protection, inheritance tax planning, and business protection, and advise on health insurance, and arrange facilities on a limited basis of the market on dental care, and referral for the following: house insurance, private motor insurance & light commercial vehicle insurance, and travel insurance. A full list of insurers and product producers with which we deal is available on request, and listed on our website in the section: "Our Remuneration". 

 

Our firm provides a comprehensive pension transfer arrangement facility from the UK to Ireland, subject to terms & conditions.

 

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, 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 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.

Pensions, Investments, Life & Serious illness Cover

Ellison Financial Consultants provides life assurance, serious illness cover, pensions, investments, and income protection, on a fair and personal analysis basis i.e. providing services on a 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 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 permanent health insurance/income protection (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; 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.  

Health Insurance & Dental Cover

Ellison Financial Consultants provide advice on Health insurance and Dental cover on a limited analysis basis providing services on a basis of a limited number of contracts and product producers available on the market to enable us to make a recommendation. We provide advice on the following product provider: DeCare Dental.

Non-Life

Ellison Financial Consultants holds referral agencies in respect of house insurance, private & light vehicle commercial motor insurance both with Zurich Insurance, and travel insurance with Blue Insurance.

Investor Compensation Scheme

Our firm is a member of the Investor Compensation Scheme operated by the Investor Compensation Company Ltd under the Investor Compensation Act, 1998. 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 recognized for the purposes of the Investor Compendsation Act, 1998; Or Compensation of up to €20,000. 

For further information, contact the Investor Compensation Company Ltd at (01) 224 4955.

 

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.   

 

Disclosure of Information

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

 

Professional Fees, Remuneration, Commission and Charges

Ellison Financial Consultants are remunerated by both professional fees and commission from product producers on the completion of business. You may choose to pay in part or full by means of a fee. The professional fee would be our hourly rate of €200. 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 20 hours. Our professional fees may be charged at a fixed rate or at an additional rate, or as a percentage of a transaction, or charged on a time spent and disbursements basis. Our hourly rate of fees is €200.  In determining the hourly rate and any additional fees and charges, factors such as specialist skills, complexity, value, risk, and urgency will be taken into account. Our hourly fee rate and/or commission payable applies to pensions, PRSA’s, investments, health insurance, life and serious illness assurance etc. Whilst hourly rate applies to advice provided. 

Where an initial Consultation meeting is requested, our fee is €200 for the meeting, and no hourly rate charged for the length of time of the meeting. Our hourly rate only applies for further work after any initial consultation. Our professional fees for our services may be paid in full or offset via product commission from Insurance Company where we agree this in advance. As an example of commission paid on arranging a pension transfer, commission obtained from Insurers is generally 2-5% on a retirement bond/buy-out bond or into a personal pension. In regard to Non-Life remuneration our firm is remunerated by commission from Insurers on completion of business. Details of this remuneration is available in the section: "Our Remuneration" on our website, and available on request.  

In regard to policy claims we may charge a claims handling fee at our basic hourly rate of €200. If additional complexity is involved and if the time spent exceeds 5 hours then the total fee would range between €375 - €750.

In accordance with the provision 4.58A included in the Addendum to the Consumer Protection Code 2012, published by the Central Bank in September 2019, Ellison Financial Consultants has provided a summary of the details of the commissions paid to our Firm, as agreed with the product producers (Insurers). This is included in "Our Remuneration" page on our website. 

Commissions obtained are generally used towards reducing professional fees accrued.

 

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 of changes in your circumstances, or request a review, may result in you having insufficient insurance cover and/or inappropriate investments.               

 

Conflicts of Interest

It is the policy of our firm to avoid conflicts of interest in providing services to you. If this is not possible, we will notify you as soon as practicable after we become aware of the conflict of interest and you may rest assured that you will be treated fairly where such a conflict is unavoidable. A full copy of our conflicts of interest policy is available on request.  

 

Default on payments by clients

Our firm will exercise its legal rights to receive payments due to it from clients for business services provided. The firm will seek payments of client fees incurred where the firm has acted in good faith in providing services requested by clients. Insurers and other product producers may withdraw benefits or cover in the event of default on payments due under policies of insurance or other products arranged by the firm. We would refer you to policy documents or product terms for the details of such provisions.

 

New Business & Renewal

You may cancel a contract of insurance by giving notice in writing to the insurer within 14 working days after the date you were informed that the contract is concluded. This does not affect the notice periods already provided under European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015) or the European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004 (S.I. No. 853 of 2004) which is 30 days in respect of life policies, irrespective of whether the sale took place on a non-face to face basis.

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. 

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

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.  

 

Post-Contract Stage and Claims

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 contracting parties 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 you have made a fraudulent claim, they may notify you advising that they are avoiding the contract of insurance, and it 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 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. 

 

Complaints Procedure

In the event that you have any complaint against our firm, please address your complaint to Gary Ellison using the contact details of the firm as listed above. Whilst we are happy to receive verbal complaints, it would be preferable that any complaints are made in writing. We will acknowledge your complaint within 5 business days of the complaint being received. All complaints will be fully investigated. 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

Dr Gary Ellison t/a Ellison Financial Consultants complies with the requirements of the General Data Protection Regulation2018 and Irish Data Protection Act 2018. Ellison Financial Consultants 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 also insuring you understand your rights as a client. 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, this will be given to all our clients at the time of data protection. We will ensure that this Privacy notice is easily accessible. Please refer to our website at www.ellison.ie , if this medium is not suitable we will ensure you can easily receive a copy by: hard copy, telephonic environment. 

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 insurance, investment, pensions 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 do not wish to receive such marketing information please let us know. We may receive referrals from such firms and may advise them of transactions arranged by you.  Please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. if you have any concerns about your personal data. 

  

 

Terms of Business Effective from September 2020.

 

Authorisation: Investment Intermediaries Act. 1995

Authorisation: Insurance MediationEuropean Communities, 2005

Complaints Procedure

Contact Details

Telephone 01 - 8038105 / 8038106  Mobile: 087 258 9894
Email: 
43 The Dunes,
Portmarnock,
Co. Dublin,
Ireland
 
© Ellison Financial Consultants 2018 - All Rights Reserved
  Privacy Policy | Terms of Service  Dr Gary Ellison t/a Ellison Financial Consultants is regulated by the Central Bank of Ireland.
Member of Brokers Ireland.