Terms of Business
Cleary Barker Ltd
Suite One, The Avenue, Beacon Court, Sandyford, Dublin 18.
Telephone: 294 4444 Fax: 294 9400 Email:info@clearybarker.ie
Co Reg No: 98028
This terms of business letter sets out the basis on which Cleary Barker Ltd t/a Cleary Barker will provide general and life
insurance business services to you as our client. This document also contains details of regulatory and statutory obligation and
respective duties of both the firm and you in relation to such services. Cleary Barker is a member of the Irish Broker Association
and Life Insurance Association. We are an Independent Insurance Broker providing advice and transactional services for your
insurance requirements.
Effective Date: 11th May 2018
This terms of business letter supersede any Terms of Business that may have been previously issued by the company.
Central Bank of Ireland Authorisation
Cleary Barker Ltd is regulated by the Central Bank of Ireland under the Investment Intermediaries Act, 1995 (as amended), the
Consumer Credit Act, 1995 and the European Communities Insurance Mediation Regulations, 2005. Copies of our Authorisations
are available on request; alternatively the Central Bank of Ireland holds registers of regulated firms which can be viewed on their
website
www.centralbank.ie
Statutory Codes
Cleary Barker Limited is subject to and complies with the following codes of conduct issued by the Central Bank of Ireland. These
codes offer protection to our clients and details of all the codes can be found on the Central Bank website www.centralbank.ie
Consumer Protection Code 2012, Minimum Competancy Code 2011, Fitness and Probity Standards, Prudential Handbook for
Authorised Advisors and Restricted Intermediarys.
Consumer Protection Code 2012, Minimum Competancy Code 2011, Fitness and Probity Standards, Prudential Handbook for Authorised Advisors and Restricted Intermediarys.
Remuneration Policy
Cleary Barker Ltd is remunerated by commission, which typically ranges from 0% to 20% and/or professional fees. Work done or
advice given if not remunerated by commission will generate a fee. Where a policy is cancelled after renewal a minimum fee
equivalent to the commission will be charged. Fees are charged on a time spent and disbursements basis. Our hourly rates are
€300.00 for directors and consultants and €100.00 for support staff. In determining the rate and any additional charges, factors
such as specialist skills, complexity, value risk and urgency will be taken into account. You have the option to pay for our services
in full by means of an agreed fee which would be greater than our normal Charges as outlined in this document and in such event
no commission would be taken by us from the Product Producer. Where charges differ from those outlined above, they will be
advised to you in writing before the service is provided.
Financial Services
Cleary Barker Ltd may be remunerated by the Insurance Companies and Product Producer to whom orders are
transmitted. Summary details of these payments will be included in a product information document which you will
receive before an application form for a product is completed, and extended details will also be included with your
cooling-off letter.
Fee's |
Service |
Charge |
Amendments to policy- Home + Motor |
€50 |
Amendments to policy- Commercial |
10% (Min €50) |
Renewal |
€50 |
Cancellation |
€30 |
Credit Card Payments |
3% |
Debit Card Payments |
€1 |
Non Commission Products |
up to 25% |
Personal Accident |
10% |
Travel |
€25 |
Health Insurance |
Nil |
Life Assurance, Investments and Pensions
Life Assurance companies and some Product Producers provide many products such as Life Cover, Serious Illness cover, Income Protection, Savings, Investments, Pensions and PRSA’s. Depending on your individual circumstances, we may provide you with advice in relation to the nature of these products and which product(s) may be suitable for your needs. You may, however, have particular areas of interest; in this case, we will be happy to give specific advice in these areas. We can give you a choice of different life and pension products from the Insurance Companies and Product Producers with whom we hold an appointment. On your instruction; we can receive and transmit orders for such products on your behalf to these insurers and product producers. With your agreement, we may review the policies you take out on a periodic basis to ensure you are kept informed as to their benefit and to check whether they are still suitable for your needs. We will also 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.
Services Provided
We are authorised to advise you in relation to a wide range of Insurance and Investment Products. We research the products on your behalf with the Products Producers (Insurers) with whom we hold appointments but we do not guarantee and expressly disclaim responsibility for the financial security of Product Producers (Insurers).
We will identify and select suitable products on a fair analysis basis from the Product Producers (Insurers) and on receipt of your instructions; we will transmit orders on your behalf to one or more Product Producers (Insurers), a list of which is available on request. This process applies to all classes of insurance policies with the exception of Schemes which are arranged with various Insurers and Health Insurance which is placed with Aviva Health Insurance Ireland Ltd
We provide advice on Health Insurance on a limited analysis basis (providing services on the basis of a limited number of contracts and product producers available on the market
Insurance Products
|
Household |
Directors and Officers |
Property Owners |
Serious Illness |
Employers Liability |
Public House/Licenced Premises |
Savings Policies |
Engineering |
Pensions-Executive and Personal |
Travel |
Fire, Perils and Material Damage |
Legal Expenses |
Agricultural |
Goods in Transit |
Caravan/Mobile Home |
Pensions-Group |
Marine Hull |
Commercial Motor |
Marine Cargo |
Motor Trade |
Computer |
Motor Fleet |
Accident + Sickness |
Permanent Health Insurance |
Combined Liability |
Office Combined |
Investments |
Approved Minimum Retirement Fund |
Professional Indemnity |
Pension Term cover |
Commercial Combined Contingency |
Pensions-ARF |
Pension- Annuities |
Contractors All Risks |
Public Liability |
PRSA |
Cyber Risks |
Products Liability |
Income Protection |
Life Assurance |
Private Motor |
Mortgage Protection |
Financial Review |
Personal Accident |
Shop and SME |
Bonds/Guarantees |
Approved Retirement Fund |
Health Insurance |
Business Interruption/Consequential Loss |
Clinical Trial Insurance |
Fair Analysis
The concept of fair analysis is derived from the (EU) Insurance Mediation Directive. It describes the extent of choice of products and providers offered by an intermediary within a particular category of life assurance, general insurance, mortgages 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 the needs of a client. 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 their share of the 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:
1. the needs of the customer,
2. the size of the customer order,
3. the number of providers in the market who deal with brokers,
4. the market share of each of those providers,
5. the number of relevant products available from each provider,
6. the availability of information about the products,
7. the quality of the product and service provided by the provider,
8. cost, and
9. any other relevant consideration.
Our Dealings with you
We prefer clients to give us instructions in writing in order to avoid possible misunderstandings or disputes.We will however accept oral instructions provided they are subsequently confirmed by letter. Any advice we give you will normally be in writing but if given orally it will be recorded. Once we have acted on your instructions we will not normally give you any further advice. However, we will review your insurances periodically and may write to you suggesting a review meeting. You, or we, may terminate the authority to act on your behalf at any time without penalty. Notice of termination must be given in writing.
Default on payments by Clients
Insurers and other product producers may withdraw benefits or cover in the event of default on payment due under polices of insurance or other products arranged for you. We would refer you to policy documents or product terms for the details of such provisions.
Our firm will exercise its legal rights to receive payments due to it from clients for investment business services provided. In particular, without limitation of the generality of the foregoing, the firm will seek reimbursement of all payments made to insurers on behalf of clients where the firm has acted in good faith in renewing a policy of insurance for the client.
Premiums are due at inception or renewal date of a policy. The terms of the legislation relating to Financial Regulation impose very strict rules in respect of the payment of premiums to Product Producers (Insurers). Premiums which have not been received from clients cannot be paid by us. Therefore to avoid policy cancellation, premiums must be paid strictly within agreed credit terms or otherwise immediately prior to inception of cover or at policy renewal date. Some Insurers may include, as a condition of insurance, a settlement due date or, in some cases, a warranty under
the terms of which the premiums must be paid to them by certain date/dates. We inform our clients of any such requirements and the relevant date/dates in good time to enable the payment terms to be met. Failure to comply with the exact terms of a warranty may mean the Insurer obligations under the policy will be automatically terminated retrospectively to the intended cover inception date or from another date.
Should you wish to transfer your business from us to another intermediary; no such transfer will be affected until such a time as your account with us is cleared in full.
Conflicts of interest
It is the policy of our firm to avoid conflicts of interest in providing you with insurance and investment business services. 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.
Cancellation
You, our Client can cancel your policy by notice in writing at any time. It may be that a rebate of premium is due to you, but this is not always the case. For example, the policy may be subject to a Minimum and Deposit premium or Short Term rates may apply during the first period of insurance or if a claim is notified or in other circumstances as advised to you. A motor policy can only be cancelled if the Certificate of Insurance and Disc for the vehicle is returned. Product Producers (Insurers) normally reserve the right to cancel a policy at any time by sending written notification to your last known address. For full details you should refer to the policy document. In the event of cancellation of a policy, we will, on request, send you any documentation or provide you with any information to which you have an entitlement.
Consumer Protection
Investor Compensation Company Ltd (ICCL)
This firm is a member of the investor compensation scheme established under the Investor Compensation Act, 1998. This legislation provides for the establishment of a compensation scheme and the payment, in certain circumstances for compensation to clients of firms covered by the Act. However you should be aware that a right to compensation will only arise where money or investment instruments held by this firm on your behalf cannot be returned either for the time being or for in the foreseeable future and where the client falls within the definition of eligible investor as contained in the Act. In the event that a right to compensation is established, the amount payable is the lesser of 90 per cent of your loss which is recognised as being eligible for compensation or EUR 20,000.
In addition to the Compensation available under the “Investor Compensation Act, 1998” Cleary Barker Ltd is also a member of the IBA compensation fund limited, this scheme subject to the rules of the scheme may discharge member firms liabilities to a maximum of €100,000 per client and €250,000 in aggregate, where the above detailed ICCL (established by law) has failed to adequately compensate any client of Cleary Barker Limited
Handling Clients’ Money
Cleary Barker Ltd will accept payments in cash and by cheque in respect of all classes of insurance in the circumstances permitted under Section 25G of the Investment Intermediaries Act, 1995. Cleary Barker Ltd is not authorised to accept cash or negotiable instruments in any other circumstances.
Receipts
Cleary Barker Ltd shall issue a receipt for each non-negotiable or negotiable instrument for payment received. This is required pursuant to Section 30 of the “Investment Intermediaries Act, 1995”. These are issued with your protection in mind and should be stored safely.
Data Protection
Cleary Barker Limited is a data controller as defined in the Data Protection Act 1988 and 2003, the General Data Protection Regulation and any other Data Protection Legislation /Acts passed as a result of the General Data Protection Regulation.
We collect your personal details in order to provide the highest standard of service to you. We take great care with the information provided; taking steps to keep it secure and to ensure it is only used for legitimate purposes. To fulfil these objectives we may share information with other affiliated professionals. The information and other data provided to our office may be used to advise you of products and services we may offer from time to time.
You have the right at any time to request a copy of any “personal data” within the meaning of the Data Protection Act 1988 (as amended or re-enacted from time to time) that our office holds about you and have any inaccuracies in that information corrected.
Complaints
Any complaints you may have regarding the service you receive from this firm should be addressed to Mr Dennis Cleary, Managing Director, Cleary Barker Ltd, Suite One, The Avenue, Beacon Court, Sandyford, Dublin 18. This will be acknowledged within 5 working days of receipt, updates will be advised at intervals of not more than 20 working days and every effort will be made to resolve the complaint within 40 business days. The findings will be furnished to you within 5 working days of completion of the investigation. If satisfaction is not reached thereafter regarding the complaint, contact may be made with the following:
Irish Broker Association Financial Service Ombudsman Pension Ombudsman
87 Merrion Square, 3rd Floor, Lincoln House 36 Upper Mount Street
Dublin 2 Lincoln Place Dublin 2
Dublin 2
Governing Law
Cleary Barker’s Terms of Business shall be governed by and construed in all respects according to the laws of the Republic Of Ireland.
Vulnerable Clients
If a client’s financial, health or any other personal circumstances makes a client’s vulnerable or in need of assistance, the client should inform the company who will offer reasonable assistance to the client in its dealing with the Company.