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Permitted acceptance, etc., of remuneration in relation to investment product

Financial Advisers (Remuneration) Regulations 2015

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—(1) For the purposes of section 19(1) of the Act, a relevant person must not request or demand payment of, or accept any remuneration, in relation to —(a)the provision of any financial advisory service in connection with any type of investment product, other than a relevant life policy; or(b)the sale of any type of investment product, other than a relevant life policy, following the provision of any financial advisory service,except in accordance with paragraph (2), (3), (4) or (5).(1A) For the purposes of section 19(1) of the Act, a relevant person must not request or demand payment of, or accept any remuneration, in relation to —(a)the provision of a financial advisory service in connection with a relevant life policy; or(b)the sale of a relevant life policy following the provision of a financial advisory service,except in accordance with paragraph (2), (3), (4) or (6).(2) A relevant person may request or demand payment, or accept remuneration, mentioned in paragraph (1) or (1A) if —(a)the relevant person is a financial adviser who is exempt under section 20(1)(f), (g) or (h) of the Act from holding a financial adviser’s licence;(b)the relevant person is a representative of a financial adviser mentioned in sub‑paragraph (a); or(c)the relevant person is a supervisor of a financial adviser mentioned in sub‑paragraph (a).(3) A relevant person may request or demand payment, or accept remuneration, mentioned in paragraph (1) or (1A) if the financial advisory service is provided, or the sale of investment product is made, to —(a)an accredited investor;(b)an expert investor; or(c)an institutional investor.(4) A relevant person may request or demand payment, or accept remuneration, mentioned in paragraph (1) or (1A) if the payment or remuneration is not dependent, whether directly or indirectly, on —(a)the number of contracts entered into for the sale of any type of investment product; or(b)the value of contracts entered into for the sale of any type of investment product.(5) A relevant person may request or demand payment, or accept remuneration, in relation to the sale of any type of investment product mentioned in paragraph (1)(b) if the sale —(a)is made pursuant to an agreement under which the relevant person is entitled, for a continuous period of at least 12 months starting from the date on which the agreement becomes effective, to payment or remuneration for the sale of investment products within any one category listed in the Schedule;(b)is made pursuant to an agreement for the sale of investment products within 2 or more categories listed in the Schedule; or(c)is of a pure protection policy.(6) A relevant person may request or demand payment, or accept remuneration, in relation to the sale of a relevant life policy mentioned in paragraph (1A)(b) if —(a)any of the following is satisfied:(i)the sale is made pursuant to an agreement under which the relevant person is entitled, for a continuous period of at least 12 months starting from the date the agreement becomes effective, to the payment or remuneration for the sale of the relevant life policy, and the policy comes within any of the categories in items 11 to 17 of the Schedule;(ii)the sale is made pursuant to an agreement for the sale of investment products within 2 or more categories listed in the Schedule, and the relevant life policy comes within any of the categories in items 11 to 17 of the Schedule;(iii)the relevant life policy is a pure protection policy; and(b)where the payment or remuneration consists of variable income, all the conditions in paragraph (7) or (8) (whichever is applicable) are satisfied.(7) Where the payment or remuneration consists of variable income that is directly linked to the sale of a particular relevant life policy, the conditions mentioned in paragraph (6)(b) are —(a)the payment or remuneration is monetary in nature;(b)the relevant person’s entitlement to be paid the payment or remuneration is dependent only on either or both of the following factors:(i)the issue of the relevant life policy by the licensed insurer concerned and the making of the first payment of premiums to the licensed insurer for that policy;(ii)the making of the first payment of additional premiums in respect of the relevant life policy;(c)the payment or remuneration is payable to the relevant person —(i)over a period of at least 6 years starting from the date the relevant life policy is issued; or(ii)over a period that covers at least the premium payment period of the relevant life policy, if the premium payment period is less than 6 years starting from the date the relevant life policy is issued;(d)the total payment or remuneration payable to the relevant person in respect of the sale of the relevant life policy, during the period of 12 months starting from the later of the following, does not exceed 55% of the total payment or remuneration payable to the relevant person in respect of the sale:(i)the date the relevant life policy is issued;(ii)the date the premium payment period of the relevant life policy commences;(e)where additional premiums are payable under the relevant life policy, the payment or remuneration in respect of those additional premiums is payable to the relevant person —(i)over a period of at least 6 years starting from the date the first payment of the additional premiums is made to the licensed insurer; or(ii)over a period that covers at least the period that those additional premiums are payable, if the second-mentioned period is less than 6 years starting from the date the first payment of the additional premiums is made to the licensed insurer;(f)where additional premiums are payable under the relevant life policy, the total payment or remuneration payable to the relevant person in respect of those additional premiums, during the period of 12 months starting from the date the first payment of additional premiums is made to the licensed insurer, does not exceed 55% of the total payment or remuneration payable to the relevant person in respect of those additional premiums;(g)the payment or remuneration is payable at least once every year in the period mentioned in sub-paragraph (c) or (e) (whichever is applicable); and(h)where the relevant life policy is an investment-linked policy and the net asset value of its underlying fund or funds is used to compute the total payment or remuneration payable, an investment rate of return of 0% over the entire policy term is used.(8) Where the payment or remuneration consists of variable income that is not directly linked to the sale of a particular relevant life policy, the conditions mentioned in paragraph (6)(b) are —(a)the payment or remuneration is monetary in nature;(b)the payment or remuneration is in respect of a portfolio of relevant life policies and is payable to the relevant person over a period of at least 5 years starting from the date the first payment of the payment or remuneration (or any part of it) is made to the relevant person;(c)the total payment or remuneration in respect of the portfolio of relevant life policies that is payable to the relevant person, during the period of 12 months starting from the date the first payment of the payment or remuneration (or any part of it) is made to the relevant person, does not exceed 55% of the total amount of the payment or remuneration that is payable to the relevant person in respect of the portfolio of relevant life policies;(d)the payment or remuneration is payable at least once every year in the period mentioned in sub-paragraph (b); and(e)where the relevant life policy is an investment-linked policy and the net asset value of its underlying fund or funds is used to compute the total payment or remuneration payable, an investment rate of return of 0% over the entire policy term is used.

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