Consumer Duty seems to be a big theme at the #PFSFestival
My take on the history of the Consumer Duty in three short tweets ...
2011 FSA - Responsibilities of Product Providers and Distributors (RPPD). Well hidden guidance on TCF which said you should design your advice service to generate good outcomes for your client bank
2017 FCA - PROD which said you MUST design your advice service to generate good outcomes for your client bank and we really mean it this time so have turned into hard rules
2022 FCA Consumer Duty which says FOR F***'S SAKE, WILL YOU DESIGN YOUR ADVICE SERVICE TO GENERATE GOOD OUTCOMES FOR YOUR CLIENT BANK!!!!!!
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Thread on suitability reports. COBS 9.2 (suitability rule) talks about the need to establish client's financial circumstances, objectives, risk profile etc and then recommend an investment that is suitable to all of these. Then COBS 9.4 says you must explain why suitable in SR 1/
A particular investment can be suitable for the client's risk profile but is almost never directly suitable for a client's wider personal circumstances and objectives. How can, say, an XYZ Ltd SIPP be directly suitable for a client wanting to retire early on £Xk pa? /2
My point is that is almost always the financial plan that is suitable, not the individual investment. The plan to save a certain amount, use tax allowances, structure your finances in a certain way, these are the things that will help the client meet their objectives and 3/