We can advise on a full range of issues that impact on your business, including:
- Terms of Business Agreements: including compliance advice upon whether you are meeting their client money or risk transfer terms.
- Binding Authority and or facility arrangements: we have considerable experience in drafting and negotiation of these arrangements, of the operational issues arising, such as MI routines and Loss Ratio calculation and audit rights.
- White Labelled Schemes/Products: we can prepare scheme documentation and prepare and/or advise on the delegated authority agreements for these products.
- Terms of Business Agreements: whether for consumer or commercial clients, and addressing all of the FCA requirements, Data Protection requirements and your commercial needs such as payment terms and commission disclosure and sharing issues.
- Joint venture and joint broking issues: agreements for joint appointments to clients; commission sharing arrangements.
- Introducer and Appointed Representative Appointments: including the AR Appointment Agreement and the commercial TOBA issues for either.
- Books of business: buying, selling and transferring books of business involve potentially long tail and or unforeseen liabilities and also can involve tax and employment law consequences under TUPE. And let’s not forget the client and insurer money consequences and the very strict rules around moving the money to follow the business, something a number of firms have been taken to task over in recent years.
- Client Money and Risk Transfer: as your business moves swiftly to keep up with market changes and client demands it is not always easy to be sure that these arrangements are fully compliant and we find that clients can be surprised by the potential for technical and actual ‘slippage’ between the two categories, where some subtlety of the TOBA was not immediately obvious. This can lead to breach of client money rules and all the worry and potential penalties that would flow from that.
- Principles for Businesses, Senior Management Systems and Controls and Approved Persons Responsibilities: as you will be aware since general insurance was first included in the regulator's remit in 2005 a firm's individual leaders have a very personal responsibility for the compliance success and/or failure of the firms they lead. We can assist you in reviewing your arrangements, whether in general or in relation to a particular issue to assess whether your firm is meeting the standards required and what if any remedial work might be advisable.
- Outsourcing Arrangements: covering the commercial issues, and demonstrating compliance with the standards of management systems and controls.
- Corporate and commercial transactions: for regulated firms like yours even the agreements that companies in other sectors can treat as routine commercial or corporate matters have to stand the test of regulatory scrutiny and sometimes pre approval. Due to our considerable hands on experience in these areas we design these agreements to suit your business and its regulatory needs.
FREE initial enquiry
To discuss your legal needs, please call Marie Huntley on 020 3609 8764.
Simply outline the situation you're facing, and we'll tell you how we can help and what it will cost.
There's NO CHARGE for the initial conversation. That's right. It's completely free. Zilch. Nada.
By the way, our fees are often fixed or capped to help you budget, and we send invoices monthly so you can spread the cost.