Like the previous articles in the ‘Positive Compliance’ series this article has been drawn up by collating information from various sources following the FCA’s well received Positive Compliance workshops. It should be read in conjunction with the previous three articles.

There should be no surprises in the article below, but we strongly recommend that all principals and advisers should read the articles carefully as a useful reminder and ensure any gaps highlighted are addressed.

Remember the client’s best interest rule and positive outcome for clients are cornerstones for every case.

What the FCA look for in a file

General Expectations 

• All key documents should be on file;
• Sufficient personal details should be recorded to support the advice;
• The clients ATR should have been assessed;
• The FCA will look at different advisers to ensure there is a consistent approach to recording and assessing ATR;
• The FCA would look for evidence that the firm identifies and checks high risk business.

Income Drawdown

• There should be sufficient evidence to support the level of income required;
• This evidence could include a full Income and Expenditure analysis;
• There should also be sufficient evidence to support the need for, and the amount of, tax free cash;
• Other post retirement options should have been explored and discounted;
• The GAD review process should be mentioned in suitability reports;
• If a SIPP drawdown has been recommended it should be clear why this is the case.

 Pension Switching

• Full details of each ceding scheme should be looked at and analysed individually;
• Full details of the receiving scheme should be on file;
• The ceding and receiving schemes should be compared to support suitability;
• Any loss of benefits should be explained;
• An explanation why stakeholder has been discounted should be in the suitability report;
• Commitments to review the receiving product should be documented.