Case study 1: Charlie Brown Mortgages Limited You are a financial adviser employed by Charlie Brown Mortgages Limited (CBML) to provide advice on home loans. Key information about you: Youhave worked for CBML for five years
FSC522 The Regulatory Framework Assessment 1
Weighting
35%
Learning outcome
2 Apply legal obligations in a financial advice situation.
Instructions
Complete and submit your assessment according to the Open Polytechnic's Assessments webpage. This includes information on academic integrity, formatting, word limits and referencing.
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Case study 1: Charlie Brown Mortgages Limited
You are a financial adviser employed by Charlie Brown Mortgages Limited (CBML) to provide advice on home loans.
Key information about you:
- Youhave worked for CBML for five years and hold the New Zealand Certificate in Financial Services (Level 5) with the residential property lending strand.
- Youhave not been subject to a reliability Key information about CBML:
- CBMLholds a licence issued by the Financial Markets Authority to provide financial
- CBMLoffers mortgage advisory It works with five lending providers:
- AotearoaBank
- Bankof the North Island
- Bankof the South Island
- AotearoaHome loans
- CBMLhas not been subject to a reliability
- CBMLdoes not charge fees or expenses for any financial advice provided to its
- CBML receives commissions from the providers with whom it places business. The commissions range between 0.55% and 0.85% of the value of the mortgage and dependon which lender and what type of mortgage is They are paid when the mortgage settles.
- CBMLspublic disclosure information is available on its
Manaia, a new client, phones you for help in finding the most suitable residential home loan. You explain this will require two meetings the first is to establish the nature and scope of the relationship. The second is to discuss your advice.
You also mention Manaia will need to bring documentation to the first meeting to help you conduct customer due diligence (CDD). He asks you to drop him an email explaining what is required and why.
Task 1
- Writean email to Manaia, in which you:
- outlinewhy CDD is required
- explainwhat information you require from
For each piece of information required, give two examples of documentation he should bring to the meeting that will be acceptable for you to verify that information.
(Word count guideline: 200 words)
(15 marks)
- Firstmeeting:
- Atthe start of the meeting, you give Manaia a copy of your disclosure
- Identifythe five pieces of information you must disclose at the first meeting to meet your obligations under the Financial Markets Conduct Regulations 2014. Use these as five headings.
- Undereach heading, write the statement that will appear in your disclosure
- Aftercompleting CDD, you start collecting further personal and financial information from Manaia to help you and the lender with Manaias home loan.
- Identifythe specific Information Privacy Principles (IPPs) that are relevant to this meeting. For each relevant IPP, give an example of how you will ensure compliance with it.
(Word count guideline: 350 words)
(25 marks)
- Secondmeeting
Prior to discussing your advice, you present the next set of disclosure information to Manaia. He reads through it and asks:
OK, I understand you have a Code to follow, but what are these other duties you must comply with can you explain these to me please?
- AnswerManaias question by giving him an example of how you will comply with each of these duties in your dealings with him:
- 431I
- 431K
- 431L
- Identifywhen you will need to comply with duty 431J in your dealings with Manaia. Give an example of how you will ensure compliance with it.
(Word count guideline: 150 words)
(10 marks)
Case study 2: Aotearoa Advice Limited
You are a financial adviser employed by Aotearoa Advice Limited (AAL), a large financial advice organisation. Its traditional business has been lending and insurance, but it has just had its licence extended to include KiwiSaver.
AAL belongs to the Insurance and Financial Services Ombudsman dispute resolution scheme.
As part of AALs training policy, you have been seconded to the compliance team.
Task 2
The compliance manager gives you a complaint from Katie Woo to review. Katies complaint
says:
I recently had to make a claim following an accident in my car. When I rang your claims team, they told me I was not covered for hiring a car that hiring a car is an optional extra and I didnt select it. But when I took out the policy, I specifically said I need a car to get to work, as I live rurally. The adviser didnt say anything about hiring a car being an optional extra.
What makes it worse is that I already pay higher premiums than my partner, just because Im under 25. That isnt fair; I dont know how you get away with it, you shouldnt be discriminating like that.
My partner reckons you have breached the Consumer Guarantees Act and the
Human Rights Act, so Im seeking redress from you.
You listen to a transcript of the conversation Katie had with the adviser and confirm she is correct. The adviser did not follow AALs checklist of questions all advisers should follow, which includes checking if the client wants any optional extras added to their policy.
You confirm that the premium Katie was charged is correct and that AAL charges higher premiums for drivers under 25.
- Writean initial response to Katie providing an overview of AALs internal complaints process and information about your dispute resolution process.
- Drafta reply to Katie (for checking and sign-off by the compliance manager), in which, for both the Consumer Guarantees Act and the Human Rights Act, you:
- statewhether the Act has been breached
- givereasons for your decision, including reference to the relevant sections of the
If the Act has been breached, recommend a way to remedy the situation, as directed by the Act.
(Word count guideline: 400 words)
(25 marks)
Task 3
The KiwiSaver team leader wants to advertise this new service on local radio and in the community weekly newspaper. She emails you:
Not sure why, but Ive been told to contact you for some tips before drafting the ad.
Write an email response in which you:
- summarise,in your own words, AALs responsibilities under each of sections 2023 of the Financial Markets Conduct Act (Part 2)
- foreach of sections 2023, give one example of a statement that the team leader should avoid making in her advertisement, and explain why
- identifyand explain the potential penalties for AAL if it breaches any of sections 2023 of the Financial Markets Conduct Act (Part 2).
(Word count guideline: 700 words)
(25 marks)
Marking schedule
Case Study 1: Task 1 | 12 15 marks | 10 11.5 marks | 7.5 9.5 marks | 6 7 marks | 1 5.5 marks |
Write an email to Manaia, in which you: outline why CDD is required explain what information you require from Manaia. For each piece of information required, give two examples of documentation he should bring to the meeting that will be acceptable for you to verify that information. | Clearly explains why CDD | Explains why CDD is | Explains why CDD is | Limited explanation of | Attempts to explain why |
is required. Accurately | required. Accurately | required, including | why CDD is required. May | CDD is required but does | |
identifies information | identifies information | information required in | not accurately identify all | not accurately identify | |
required in this situation | required in this situation | this situation and two | information required in | information and | |
and two acceptable | and two acceptable | acceptable examples of | this situation or two | documentation required | |
examples of | examples of | documentation required | acceptable forms of | in this situation | |
documentation required for each piece of information Language used is accurate and fully appropriate for a client (non-specialist reader) | documentation required for each piece of information but may omit minor detail OR answer could be improved by being more concise Language used is mostly accurate and appropriate for a client (e.g., may use some jargon or be informal/formal in places) | for each piece of information Further detail would improve answer OR answer includes a small amount of inaccurate / irrelevant detail Language used may not be fully appropriate for a client (e.g., may use too much jargon or be too | documentation required May not be in email format and language may be unclear or inappropriate Answer may include some material copy/pasted from websites or other materials | May be very brief, and/ or not in email format. Language may be very unclear or inappropriate Answer may consist of material copy/pasted from websites or other materials | |
informal/formal) or may | |||||
be unclear in places | |||||
10 12.5 marks | 8.5 9.5 marks | 6.5 8 marks | 5 6 marks | 1 4.5 marks | |
At the start of the meeting, you give Manaia a copy of your disclosure statement. Identify the five pieces of information you must disclose at the first meeting to meet your obligations under the Financial Markets Conduct Regulations 2014. Use these as five headings. Under each heading, write the statement that will | Accurately identifies all | Accurately identifies all | Accurately identifies four | Accurately identifies three pieces of information required in the disclosure statement AND/OR provides statements for headings that are not fully appropriate to the context or use informal language, demonstrating insufficient understanding of the | Accurately identifies |
information required in | information required in | pieces of information | fewer than four pieces of | ||
the disclosure statement | the disclosure statement | required in the disclosure | information required in | ||
Provides accurate, | Provides accurate | statement | the disclosure statement | ||
contextually appropriate | statements for each, | Provides statements for | Provides accurate | ||
statements for each, | demonstrating a good | each although they may | statements for fewer | ||
demonstrating a strong | understanding of the | not be fully appropriate | than three headings OR | ||
understanding of the | FMCR requirements in | to the context or may use | statements are not | ||
FMCR requirements in | relation to the case study | informal language in | appropriate to the | ||
relation to the case study | places | context or use informal | |||
language, demonstrating | |||||
limited understanding of | |||||
the FMCR requirements |
appear in your disclosure statement. | FMCR requirements in relation to the case study | in relation to the case study | |||
10 12.5 marks | 8.5 9.5 marks | 6.5 8 marks | 5 6 marks | 1 4.5 marks | |
Identify the specific Information | Accurately identifies all | Accurately identifies | Accurately identifies | Accurately identifies a | Attempts to identify |
Privacy Principles (IPPs) that are | relevant IPPs. Provides | relevant IPPs for this | relevant IPPs for this | limited number of the | relevant IPPs but |
relevant to this meeting. For each relevant IPP, give an example of how you will ensure compliance with it. | accurate, specific examples of compliance and their practical application in this context | context. Provides clear, relevant examples of compliance for each | context. Provides satisfactory examples although they may lack detail and specificity for | relevant IPPs. Provides vague or incomplete examples of compliance. May not relate to context | essential information is omitted. Only very basic examples of compliance for one or |
for each | this context | two IPPs are correct or | |||
answer does not relate to | |||||
context | |||||
8 10 marks | 6.5 7.5 marks | 5 6 marks | 4 4.5 marks | 1 3.5 marks | |
i. Answer Manaias question by giving | Gives accurate, relevant | Gives clear and relevant | Gives adequate example | Gives vague or | Attempts to give |
him an example of how you will | example of complying | example of complying | of complying all three of | incomplete example of | examples of complying |
comply with each of these duties in | with all three of the listed | with all three of the listed | the listed duties | complying with each duty | with duty but these are |
your dealings with him: 431I 431K 431L ii. Identify when you will need to comply with duty 431J in your dealings with Manaia. Give an example of how you will ensure compliance with it. | duties Examples clearly align with each specific duty and include actionable steps the adviser will take Accurately identifies when they will need to comply with duty 431J in their dealings with client and provides a comprehensive example of how they will ensure | duties Examples align with each specific duty, but may omit minor detail Identifies when they will need to comply with duty 431J in their dealings with client and provides a practical example of how they will ensure compliance, showing their knowledge in the | Examples may be somewhat generic and not as tailored to each specific duty but convey the adviser's intent to comply with each duty. Identifies when they will need to comply with duty 431J in their dealings with client and provides an example of how they will ensure compliance, | or one answer is incorrect Examples may not clearly align with each specific duty or be insufficient in demonstrating compliance. Does not accurately identify when they will need to comply with duty 431J in their dealings with client and provides an unclear or incomplete | mostly irrelevant or incorrect Does not correctly identify or fails to address when they will need to comply with duty 431J in their dealings with client and does not provide an example of how they will ensure compliance or provides an irrelevant or incorrect example |
compliance, | matter | although the example | example of how they will | ||
demonstrating their | may lack detail or clarity | ensure compliance | |||
expertise in the matter |
Case Study 2: Task 2 | 8 10 marks | 6.5 7.5 marks | 5 6 marks | 4 4.5 marks | 1 3.5 marks |
a. Write an initial response to Katie providing an overview of AALs internal complaints process and information about your dispute resolution process. | Comprehensive and well- structured response, providing a concise overview of the key elements of the internal complaints process and the steps involved Response includes a clear and thorough explanation of dispute resolution process | Well-organized response, providing a clear overview of internal complaints process and the main steps involved The response also includes a relevant explanation of dispute resolution process | Adequate response, providing a basic overview of internal complaints process, although some details may be lacking The response includes a basic explanation of dispute resolution | Limited response, providing an inadequate overview of AAL's internal complaints process, with missing or unclear information The explanation of dispute resolution process is incomplete or vague | Response to provide an understandable overview of internal complaints process or does not address it at all The response does not include any explanation of dispute resolution process or offers irrelevant or incorrect information |
12 15 marks | 10 11.5 marks | 7.5 9.5 marks | 6 7 marks | 1 5.5 marks | |
Draft a reply to Katie (for checking and sign-off by the compliance manager), in which, for both the Consumer Guarantees Act and the Human Rights Act, you: state whether the Act has been breached give reasons for your decision, including reference to the relevant sections of the Act If the Act has been breached, recommend one way to remedy the situation, as directed by the Act. | Comprehensive and well- | Well-organized response, | Adequate response States whether each Act has been breached and offers basic justifications for decision Recommends a possible remedy if an Act has been breached | Limited response, | Attempts to provide an |
structured response, | demonstrating a strong | providing an inadequate | overview of the Acts but | ||
demonstrating | understanding both Acts | overview of both Acts | this is not relevant or | ||
understanding of both Acts | Clearly states whether each Act has been | Statement of whether each Act has been | clear. Does not correctly state | ||
Clearly states whether | breached in this context | breached may be unclear, | whether each Act has | ||
each Act has been | and provides relevant | and the any justifications | been breached or offers | ||
breached in this context | justifications, including | lack detail or relevance, | irrelevant or incorrect | ||
and provides well- | explanations of the | with minimal or incorrect | justifications, without any | ||
reasoned justifications, | appropriate sections of | references to the | references to the Acts | ||
including explanations of the relevant sections of the Acts | the Acts Recommends a suitable remedy if an Act has been | Recommended remedy is vague or inappropriate if an Act has been breached | Does not recommend a remedy or provides an irrelevant or incorrect | ||
Recommends an effective | breached | recommendation if an Act | |||
and appropriate remedy | has been breached | ||||
if an Act has been | |||||
breached | |||||
Case Study 2: Task 2 | 20 25 marks | 16.5 19.5 marks | 12.5 16 marks | 10 12 marks | 1 9.5 marks |
Write an email response in which you: | Response is | Response is well- | Response provides an | Response is limited in | Attempts to provide an |
a. Summarise, in your own words, | comprehensive and well- | organized and | adequate overview of | providing a coherent | understandable overview |
AALs responsibilities under each | structured, demonstrating an | demonstrates a strong understanding of | responsibilities under ss 2023 of the Financial | overview of responsibilities under ss | of responsibilities under ss 2023 of the Financial |
excellent understanding | responsibilities under ss | 2023 of the Financial | Markets Conduct Act |
of sections 2023 of the Financial Markets Conduct Act (Part 2) b. For each of sections 2023, give one example of a statement that the team leader should avoid making in her advertisement and explain why. c. Identify and explain the potential penalties for AAL if it breaches any of sections 2023 of the Financial Markets Conduct Act (Part 2). | of responsibilities under ss 2023 of the Financial Markets Conduct Act (Part 2). Provides clear, relevant examples of statements to avoid in the advertisement, explaining the reasoning behind each caution. Expertly identifies and explains potential penalties for breaching ss 2023, demonstrating a strong understanding of the repercussions. Language used is accurate and fully appropriate for the task. | 2023 of the Financial Markets Conduct Act (Part 2). Offers clear examples of statements to avoid in the advertisement, along with appropriate explanations. Outlines potential repercussions for breaching ss 2023. Language used is mostly accurate and appropriate for the task (e.g., may use some jargon or be informal/formal in places) | Markets Conduct Act (Part 2). Summarises these responsibilities in own words, although the explanations might lack detail or clarity . Includes basic examples of statements to avoid in the advertisement and offers general explanations for each. Briefly mentions potential penalties for breaching ss 2023. Language used may not be fully for the task (e.g., may use too much jargon or be too informal/formal) or may be unclear in places | Markets Conduct Act (Part 2). Any examples of statements to avoid in the advertisement lack detail or relevance. Explanation of potential repercussions for breaching ss 2023 is also insufficient or vague. May not be in email format and language may be unclear or inappropriate. | (Part 2) or does not address them at all. Does not include any examples of statements to avoid in the advertisement or provides irrelevant or incorrect examples. May be very brief, and/ or not in email format. Language may be very unclear or inappropriate. Does not accurately explain any potential repercussions for breaching ss 2023. |