UNAUTHORISED ADVISERS

Unauthorised 'advisers' are also Uninsured 'advisers', so when things go wrong, as they often do, YOU are not protected!

Many of the Financial Advisers operating in Spain are doing so without any regulation, with no authorisation and if anything goes wrong YOU the client has no recourse to putting this right. Authorised & Regulated advisers must carry Professional Indemnity Insurance to protect YOU the consumer.

The only acceptable Spanish Regulators are;

CNMV

Comision Nacional del Mercado del Valores is the principal financial services regulator in Spain and responsible for authorising investment products. A CNMV adviser can be recommended, please email here

DGS

Direccion General de Seguros y Fondos de Pensions is the Spanish regulator for insurance products which can be marketed in Spain. Please email me to be referred to an authorised adviser

FCA

The Financial Conduct Authority came into existence in April 2013 to replace the FSA. Although FCA is a UK regulator firms can receive authority to operate in Spain through a European passport arrangement.

It is my very firm belief that ALL UK pension business should be carried out by FCA regulated and authorised advisers. If you have any doubts about an adviser please email me the details, as I can check them for you.

FCA rules tend to be stricter than their Spanish equivalent but you still need to check the regulation of these advisers

Warning about the Unauthorised

When things go wrong, as they do, with an unauthorised adviser you have no recourse. This subject appears in my inbox all to often! The disappointing thing for me is that I see the same names regularly.

You must check BEFORE you invest

To protect yourself, please ask for help. I can;

·         Check the regulation of an adviser you already know

·         Check if an advertisement you see is from a valid company

·         Recommend properly qualified and regulated advisers who ARE authorised in Spain

Just email me your details with anything you want to ask

Further Reading;

Scam Watch

Readers’ Favourites

David Goodall

Financial Pages in Spain

davidgoodall.spain@gmail.com

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Explaining Terms and Expressions - Pensions

Explaining terms & expressions is important but nothing beats Regulated and Qualified Financial Advice

·       Cut through the jargon

·       Check Further Reading

·       Beware: Unauthorised ‘advisers’ about!

A Day
6 April 2006 was the day the UK Government pension simplification rules came into effect.

ASP - Alternatively secured pensions
At the age of 75 an alternatively secured pension would allow an individual withdrawal of income, similar to an unsecured pension fund such as income drawdown

AVCs – Additional Voluntary Contributions
A pension top-up for an occupational pension scheme. The scheme members pay contributions into an arrangement run by the employer to boost the main pension.

FSAVCs – Free-Standing Additional Voluntary Contributions
A pension top-up policy for an occupational pension, but separate from the employer’s pension scheme and normally run by an insurance firm.

CNMV
Comision Nacional del Mercado del Valores is the principal financial services regulator in Spain and responsible for authorising investment products. A CNMV adviser can be recommended, please click here

DGS
Direccion General de Seguros y Fondos de Pensions is the Spanish regulator for insurance products which can be marketed in Spain. Email me to be referred to an authorised adviser

FCA
Took over from the FSA in April 2013. The Financial Conduct Authority is the UK's financial services regulator. The FCA also ‘passports’ authorised advisers to operate in Spain. For a recommended adviser click 

Group Personal Pension
A type of personal pension offered by some employers but not classified as occupational (see money purchase pension).

Lifetime annuity

A lifetime annuity converts money from a pension fund into pension income, which is taxable. There are different types to suit different circumstances and generally treated favourably for tax purposes in Spain.

MiFID
Markets in Financial Instruments Directive is the EU legislation which covers investment intermediaries and their activities. It also enables, for example FCA approved advisers to be' passported' into other EU countries such as Spain .

Money purchase pensions
Some occupational pensions and all personal, group personal, stakeholder, FSAVCs and some AVCs are money purchase pensions. The contributions are invested in, for example, the stockmarket or bonds. The size of the fund depends on the contributions and how well the investments perform. At retirement, there is a choice of options to provide you with a retirement income.

Occupational pension
These are only available through employers and run by pension scheme trustees. There are two types – salary-related (defined benefit) and money purchase (defined contribution).

Pension Liberation
It should be made clear that Pension Liberation is illegal. Typically, unauthorised advisers offer access to your pension before the statutory retirement minimum age of 55. Proven cases attract a penalty of up to 55% of the funds liberated.

Personal pension
A pension policy taken out by an individual from an insurance company or another financial institution and into which personal contributions are made. It may also be offered by employers.

Protected rights pension
This is the part of a pension fund which was used to contract out of the UK State Second Pension (SERPS or S2P) that must be used to buy a protected rights annuity.

QNUPS -  Qualifying Non UK Pension Scheme, which meets the criteria set by the regulations the UK government brought out in February of 2010. This means that for a UK or non-UK resident, there is an opportunity to make contributions to overseas schemes, established as QNUPS, with the knowledge that those funds will be sheltered from UK IHT. Individual advice should be taken in all circumstances from a regulated and authorised adviser. Please email for a recommendation. Also see reading below

QROPS - Qualifying Recognised Overseas Pension Schemes
These became available from A-Day. It is a pension scheme set up outside the UK that is regulated and recognised for tax purposes as a pension scheme in the country in which it is located. QROPS have been established in various countries across the world, many in jurisdictions with beneficial tax rules. For specialist advice click here Also see reading below

Salary-related pension scheme (final salary or defined benefit)
A type of occupational pension. The amount of pension you get is worked out on your salary at or near retirement, or when you left employment, and your pensionable service.

Stakeholder pension
A type of personal pension that has to meet certain standards set by the UK Government. An individual can take one out or it may be available through an employer, but is not classified as occupational. 

State Pension
The UK Pension Service (part of the Department for Work and Pensions) will pay the basic State Pension based on an individual’s National Insurance contribution record. In addition, individuals may also qualify for the State Second Pension based on their own earnings and National Insurance contributions.

State Second Pension
The State Second Pension is an additional State pension paid on top of your basic State Pension. This was called SERPS. Self-employed people cannot build up a State Second Pension.

Tax-free lump sum
More accurately, tax free cash should be called Pension Commencement Lump Sum (PCLS). This is an amount of cash set by tax law which you can take at retirement free of tax under UK rules. Salary-related occupational pension schemes may have different rules on the amount of tax free cash you can take.

Unsecured Pension (Income Drawdown)
This is an alternative to buying an annuity but provides an income whilst the pension is still invested. At age 75, the unsecured pension must cease and be replaced by either a Lifetime Annuity or ASP. For non UK residents or those intending to become non-resident, QROPS could be another alternative.


Pensions Advisers, including the ones that I recommend, will be happy to cut through the jargon. Email me for a recommendation


Further reading

QROPS 2015

QNUPS 

La Torre Fx – Foreign Exchange



David Goodall
Financial Pages in Spain

davidgoodall.spain@gmail.com

Pensions - Definitions, terms & Expressions

Includes QROPS Update

·         Cut through the jargon

·         Get a professional Adviser

·         Understanding QROPS & QNUPS

This is a straightforward alphabetical list which helps to cut through the jargon often used when discussing pensions.

A Day
6 April 2006 was the day the UK Government pension simplification rules came into effect.

ASP - Alternatively secured pensions
At the age of 75 an alternatively secured pension would allow an individual withdrawal of income, similar to an unsecured pension fund such as income drawdown

Since 6^th April 2011, no new ASP can be commenced but existing ones can continue until the next review date. The existing ASP fund can be transferred to Income Drawdown (Unsecured Pension) plan or an annuity commenced.

AVCs – Additional Voluntary Contributions
A pension top-up for an occupational pension scheme. The scheme members pay contributions into an arrangement run by the employer to boost the main pension.

FSAVCs – Free-Standing Additional Voluntary Contributions
A pension top-up policy for an occupational pension, but separate from the employer’s pension scheme and normally run by an insurance firm.

CNMV
Comision Nacional del Mercado del Valores is the principal financial services regulator in Spain and responsible for authorising investment products. A CNMV adviser can be recommended, please click here

DGS
Direccion General de Seguros y Fondos de Pensions is the Spanish regulator for insurance products which can be marketed in Spain. Email me to be referred to an authorised adviser

FSA
The Financial Services Authority - the UK's financial services regulator. The FSA also ‘passports’ authorised advisers to operate in Spain. For a recommended adviser click here

Group Personal Pension
A type of personal pension offered by some employers but not classified as occupational (see money purchase pension).

Lifetime allowance
This is a limit on the value of retirement benefits that you can draw from approved pension schemes before tax penalties apply. The Lifetime Allowance is £1.8m in the 2010/11 tax year.

Lifetime annuity

A lifetime annuity converts money from a pension fund into pension income, which is taxable. There are different types to suit different circumstances and generally treated favourably for tax purposes in Spain.

Money purchase pensions
Some occupational pensions and all personal, group personal, stakeholder, FSAVCs and some AVCs are money purchase pensions. The contributions are invested in, for example, the stockmarket or bonds. The size of the fund depends on the contributions and how well the investments perform. At retirement, there is a choice of options to provide you with a retirement income.

Occupational pension
These are only available through employers and run by pension scheme trustees. There are two types – salary-related (defined benefit) and money purchase (defined contribution).

Personal pension
A pension policy taken out by an individual from an insurance company or another financial institution and into which personal contributions are made. It may also be offered by employers.

Protected rights pension
This is the part of a pension fund which was used to contract out of the UK State Second Pension (SERPS or S2P) that must be used to buy a protected rights annuity.

QNUPS -  Qualifying Non UK Pension Scheme, which means it meets the criteria set by the regulations the UK government brought out in February of 2010. This means that or a UK or non-UK resident, there is an opportunity to make contributions to overseas schemes, established as QNUPS, with the knowledge that those funds will be sheltered from UK IHT. Individual advice should be taken in all circumstances from a regulated and authorised adviser. Please email for a recommendation.

By definition, a QROPS is a QNUPS but the reverse cannot be said.

Q - Day
6^th April 2012 is the day on which fundamental changes to QROPS became effective.

QROPS - Qualifying Recognised Overseas Pension Schemes
These became available from A-Day. It is a pension scheme set up outside the UK that is regulated and recognised for tax purposes as a pension scheme in the country in which it is located. QROPS have been established in various countries across the world, many in jurisdictions with beneficial tax rules. For specialist advice click here

Salary-related pension scheme (final salary or defined benefit)
A type of occupational pension. The amount of pension you get is worked out on your salary at or near retirement, or when you left employment, and your pensionable service.

Stakeholder pension
A type of personal pension that has to meet certain standards set by the UK Government. An individual can take one out or it may be available through an employer, but is not classified as occupational. 

State Pension
The UK Pension Service (part of the Department for Work and Pensions) will pay the basic State Pension based on an individual’s National Insurance contribution record. In addition, individuals may also qualify for the State Second Pension based on their own earnings and National Insurance contributions.

State Second Pension
The State Second Pension is an additional State pension paid on top of your basic State Pension. This was called SERPS. Self-employed people cannot build up a State Second Pension.

Tax-free lump sum
An amount of cash set by tax law which you can take at retirement free of tax. Salary-related occupational pension schemes may have different rules on the amount of tax free cash you can take. This is only tax-free to UK residents. Tax-free cash should correctly be called ‘Pension Commencement Lump Sum’ (PCLS) since it can only be taken as the first benefit from a pension Plan

Unsecured Pension (Income Drawdown)
This is an alternative to buying an annuity but provides an income whilst the pension is still invested. At age 75, the unsecured pension must cease and be replaced by either a Lifetime Annuity or ASP. For non UK residents or those intending to become non-resident, QROPS could be another alternative.


Pensions Advisers, including the ones that I recommend, will be happy to cut through the jargon. Email me for a recommendation

The following further reading is also recommended;

QROPS (UPDATED) - Comparing Jurisdications

http://expatsfrombritain.blogspot.co.uk/2012/08/qrops-2012-comparing-jurisdictions.html

UK Pension but you Live in Spain
http://expatsfrombritain.blogspot.co.uk/2012/03/new-generation-qrops-2012.html

Getting Professional Advice
http://expatsfrombritain.blogspot.co.uk/2012/01/getting-professional-advice.html

David Goodall

Financial Pages in Spain

Email: davidgoodall.spain@gmail.com

Successful and Sound Financial Planning in Spain

February 2012 : This was written in September 2010 but the principles are still the same now.

• Carefully consider your objectives
• Regulations in Spain are less strict, beware unregulated advisers
• Insist on clear and unambiguous charges & commissions 
• Understand your own ‘attitude to risk’
• Get all advice in writing

Let me also bring your attention to some items, which in my opinion often lead to inaccurate, misleading and false information. My three least favourite comments are;

1. ‘It was in an advert in a newspaper’

The content of an advertisement is not necessarily accurate

2. ‘I heard somewhere that……..’

Hearsay, conversations in bars and rumours are notorious in giving misleading advice

3. ‘They are a well known company, they must be good’

Just never make that assumption, do your homework and find out for yourself or ask me for a recommendation

Financial Planning is not an exact science and you would be amazed how many people with very different circumstances and different objectives are sold an ‘off-the-peg’ solution. Many financial advisers are in effect product salesmen. Beware 

If you want to be recommended to an adviser who will talk to you about your objectives please email me.

If the adviser does not provide clearly and openly what the charges are, it begs the question ‘What has he or she got to hide?’ It has been Financial Services Authority (FSA) policy in the UK for open disclosure of charges and commissions since 1993. Yet even FSA authorised advisers in Spain often do not disclose all charges and commissions. I see no reason why a table of charges should not be clearly set out in writing.

Good advisers are always happy to be open and will answer your requests in writing. If you would like to be recommended to an adviser please email me.

In my opinion, your attitude to investment risk is a key question that an adviser should ask. As this is not a concept you may not have heard before, the best advisers will give you examples. As most will use a Confidential Questionnaire or Fact Find, they can explain the concept based on your needs and desires.

Never be afraid to ask questions and expect answers. Of course if you ask an adviser a technical or obscure question he or she may need to seek clarification themselves. But always insist on your questions being answered.

If you have already been given advice, I am happy to give you a SECOND OPINION without any obligation or fee. Just email me with a copy of the advice

* * * * * * *

If you have your own question, I’d be delighted to answer it. Those of you who live in Spain or intend to live in Spain should be very careful when choosing an adviser. Please take note of the points in this article.

You can write to me with your personal experiences or to be put in touch with my recommended adviser by sending me an email

David Goodall

Financial Pages in Spain

davidgoodall.spain@gmail.com