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Case study 1: Charlie Brown Mortgages Limited You are a financial adviser employed by Charlie Brown Mortgages Limited (CBML) to provide advice on home loans. Key information about you: Youhave worked for CBML for five years

FSC522 The Regulatory Framework Assessment 1

Weighting

35%

Learning outcome

2 Apply legal obligations in a financial advice situation.

Instructions

Complete and submit your assessment according to the Open Polytechnic’s Assessments webpage. This includes information on academic integrity, formatting, word limits and referencing.

  • Includeyour name, student number and the assessment
  • Numberyour

Submission

  • Submityour assessment in one
  • Submityour work through your iQualify
  • Emailedassessments will not be
  • Youwill receive an automated notice advising you of your successful

By submitting your assessment, you confirm that it is your own, original work.

Case study 1: Charlie Brown Mortgages Limited

You are a financial adviser employed by Charlie Brown Mortgages Limited (CBML) to provide advice on home loans.

Key information about you:

  • Youhave worked for CBML for five years and hold the New Zealand Certificate in Financial Services (Level 5) with the residential property lending strand.
  • Youhave not been subject to a reliability Key information about CBML:
  • CBMLholds a licence issued by the Financial Markets Authority to provide financial
  • CBMLoffers mortgage advisory It works with five lending providers:
  • AotearoaBank
  • Bankof the North Island
  • Bankof the South Island
  • AotearoaHome loans
    • CBMLhas not been subject to a reliability
    • CBMLdoes not charge fees or expenses for any financial advice provided to its
    • CBML receives commissions from the providers with whom it places business. The commissions range between 0.55% and 0.85% of the value of the mortgage and dependon which lender and what type of mortgage is They are paid when the mortgage settles.
    • CBMLspublic disclosure information is available on its

Manaia, a new client, phones you for help in finding the most suitable residential home loan. You explain this will require two meetings the first is to establish the nature and scope of the relationship. The second is to discuss your advice.

You also mention Manaia will need to bring documentation to the first meeting to help you conduct customer due diligence (CDD). He asks you to drop him an email explaining what is required and why.

Task 1

  1. Writean email to Manaia, in which you:
  • outlinewhy CDD is required
  • explainwhat information you require from

For each piece of information required, give two examples of documentation he should bring to the meeting that will be acceptable for you to verify that information.

(Word count guideline: 200 words)

(15 marks)

  1. Firstmeeting:
  2. Atthe start of the meeting, you give Manaia a copy of your disclosure
  • Identifythe five pieces of information you must disclose at the first meeting to meet your obligations under the Financial Markets Conduct Regulations 2014. Use these as five headings.
  • Undereach heading, write the statement that will appear in your disclosure
    1. Aftercompleting CDD, you start collecting further personal and financial information from Manaia to help you and the lender with Manaias home loan.
  • Identifythe specific Information Privacy Principles (IPPs) that are relevant to this meeting. For each relevant IPP, give an example of how you will ensure compliance with it.

(Word count guideline: 350 words)

(25 marks)

  1. Secondmeeting

Prior to discussing your advice, you present the next set of disclosure information to Manaia. He reads through it and asks:

OK, I understand you have a Code to follow, but what are these other duties you must comply with can you explain these to me please?

  1. AnswerManaias question by giving him an example of how you will comply with each of these duties in your dealings with him:
  • 431I
  • 431K
  • 431L
  1. Identifywhen you will need to comply with duty 431J in your dealings with Manaia. Give an example of how you will ensure compliance with it.

(Word count guideline: 150 words)

(10 marks)

Case study 2: Aotearoa Advice Limited

You are a financial adviser employed by Aotearoa Advice Limited (AAL), a large financial advice organisation. Its traditional business has been lending and insurance, but it has just had its licence extended to include KiwiSaver.

AAL belongs to the Insurance and Financial Services Ombudsman dispute resolution scheme.

As part of AALs training policy, you have been seconded to the compliance team.

Task 2

The compliance manager gives you a complaint from Katie Woo to review. Katies complaint

says:

I recently had to make a claim following an accident in my car. When I rang your claims team, they told me I was not covered for hiring a car that hiring a car is an optional extra and I didnt select it. But when I took out the policy, I specifically said I need a car to get to work, as I live rurally. The adviser didnt say anything about hiring a car being an optional extra.

What makes it worse is that I already pay higher premiums than my partner, just because Im under 25. That isnt fair; I dont know how you get away with it, you shouldnt be discriminating like that.

My partner reckons you have breached the Consumer Guarantees Act and the

Human Rights Act, so Im seeking redress from you.

You listen to a transcript of the conversation Katie had with the adviser and confirm she is correct. The adviser did not follow AALs checklist of questions all advisers should follow, which includes checking if the client wants any optional extras added to their policy.

You confirm that the premium Katie was charged is correct and that AAL charges higher premiums for drivers under 25.

  1. Writean initial response to Katie providing an overview of AALs internal complaints process and information about your dispute resolution process.
  2. Drafta reply to Katie (for checking and sign-off by the compliance manager), in which, for both the Consumer Guarantees Act and the Human Rights Act, you:
  • statewhether the Act has been breached
  • givereasons for your decision, including reference to the relevant sections of the

If the Act has been breached, recommend a way to remedy the situation, as directed by the Act.

(Word count guideline: 400 words)

(25 marks)

Task 3

The KiwiSaver team leader wants to advertise this new service on local radio and in the community weekly newspaper. She emails you:

Not sure why, but Ive been told to contact you for some tips before drafting the ad.

Write an email response in which you:

  1. summarise,in your own words, AALs responsibilities under each of sections 2023 of the Financial Markets Conduct Act (Part 2)
  2. foreach of sections 2023, give one example of a statement that the team leader should avoid making in her advertisement, and explain why
  3. identifyand explain the potential penalties for AAL if it breaches any of sections 2023 of the Financial Markets Conduct Act (Part 2).

(Word count guideline: 700 words)

(25 marks)

Marking schedule

Case Study 1: Task 1

12 15 marks

10 11.5 marks

7.5 9.5 marks

6 7 marks

1 5.5 marks

Write an email to Manaia, in which you:

outline why CDD is required

explain what information you require from Manaia.

For each piece of information required, give two examples of documentation he should bring to the meeting that will be acceptable for you to verify that information.

Clearly explains why CDD

Explains why CDD is

Explains why CDD is

Limited explanation of

Attempts to explain why

is required. Accurately

required. Accurately

required, including

why CDD is required. May

CDD is required but does

identifies information

identifies information

information required in

not accurately identify all

not accurately identify

required in this situation

required in this situation

this situation and two

information required in

information and

and two acceptable

and two acceptable

acceptable examples of

this situation or two

documentation required

examples of

examples of

documentation required

acceptable forms of

in this situation

documentation required

for each piece of information

Language used is accurate and fully appropriate for a client (non-specialist reader)

documentation required

for each piece of information but may omit minor detail OR answer could be improved by being more concise

Language used is mostly accurate and appropriate for a client (e.g., may use some jargon or be informal/formal in places)

for each piece of

information

Further detail would improve answer OR answer includes a small amount of inaccurate / irrelevant detail

Language used may not be fully appropriate for a client (e.g., may use too

much jargon or be too

documentation required

May not be in email format and language may be unclear or inappropriate

Answer may include some material copy/pasted from websites or other materials

May be very brief, and/ or not in email format. Language may be very unclear or inappropriate

Answer may consist of material copy/pasted from websites or other materials

informal/formal) or may

be unclear in places

10 12.5 marks

8.5 9.5 marks

6.5 8 marks

5 6 marks

1 4.5 marks

At the start of the meeting, you give Manaia a copy of your disclosure statement.

Identify the five pieces of information you must disclose at the first meeting to meet your obligations under the Financial Markets Conduct Regulations 2014. Use these as five headings.

Under each heading, write the statement that will

Accurately identifies all

Accurately identifies all

Accurately identifies four

Accurately identifies three pieces of information required in the disclosure statement AND/OR provides statements for headings that are not fully appropriate to the context or use informal language, demonstrating insufficient understanding of the

Accurately identifies

information required in

information required in

pieces of information

fewer than four pieces of

the disclosure statement

the disclosure statement

required in the disclosure

information required in

Provides accurate,

Provides accurate

statement

the disclosure statement

contextually appropriate

statements for each,

Provides statements for

Provides accurate

statements for each,

demonstrating a good

each although they may

statements for fewer

demonstrating a strong

understanding of the

not be fully appropriate

than three headings OR

understanding of the

FMCR requirements in

to the context or may use

statements are not

FMCR requirements in

relation to the case study

informal language in

appropriate to the

relation to the case study

places

context or use informal

language, demonstrating

limited understanding of

the FMCR requirements

appear in your disclosure statement.

FMCR requirements in relation to the case study

in relation to the case study

10 12.5 marks

8.5 9.5 marks

6.5 8 marks

5 6 marks

1 4.5 marks

Identify the specific Information

Accurately identifies all

Accurately identifies

Accurately identifies

Accurately identifies a

Attempts to identify

Privacy Principles (IPPs) that are

relevant IPPs. Provides

relevant IPPs for this

relevant IPPs for this

limited number of the

relevant IPPs but

relevant to this meeting. For each relevant IPP, give an example of how you will ensure compliance with it.

accurate, specific

examples of compliance and their practical

application in this context

context. Provides clear,

relevant examples of compliance for each

context. Provides

satisfactory examples although they may lack

detail and specificity for

relevant IPPs. Provides

vague or incomplete examples of compliance.

May not relate to context

essential information is

omitted.

Only very basic examples

of compliance for one or

for each

this context

two IPPs are correct or

answer does not relate to

context

8 10 marks

6.5 7.5 marks

5 6 marks

4 4.5 marks

1 3.5 marks

i. Answer Manaias question by giving

Gives accurate, relevant

Gives clear and relevant

Gives adequate example

Gives vague or

Attempts to give

him an example of how you will

example of complying

example of complying

of complying all three of

incomplete example of

examples of complying

comply with each of these duties in

with all three of the listed

with all three of the listed

the listed duties

complying with each duty

with duty but these are

your dealings with him:

431I

431K

431L

ii. Identify when you will need to comply with duty 431J in your dealings with Manaia. Give an example of how you will ensure compliance with it.

duties

Examples clearly align with each specific duty and include actionable steps the adviser will take

Accurately identifies when they will need to comply with duty 431J in their dealings with client and provides a comprehensive example

of how they will ensure

duties

Examples align with each specific duty, but may omit minor detail

Identifies when they will need to comply with duty 431J in their dealings with client and provides a practical example of how they will ensure compliance, showing

their knowledge in the

Examples may be somewhat generic and not as tailored to each specific duty but convey the adviser’s intent to comply with each duty.

Identifies when they will need to comply with duty 431J in their dealings with client and provides an example of how they will

ensure compliance,

or one answer is incorrect

Examples may not clearly align with each specific duty or be insufficient in demonstrating compliance.

Does not accurately identify when they will need to comply with duty 431J in their dealings with client and provides an

unclear or incomplete

mostly irrelevant or

incorrect

Does not correctly identify or fails to address when they will need to comply with duty 431J in their dealings with client and does not provide an example of how they will ensure compliance or provides an irrelevant or incorrect example

compliance,

matter

although the example

example of how they will

demonstrating their

may lack detail or clarity

ensure compliance

expertise in the matter

Case Study 2: Task 2

8 10 marks

6.5 7.5 marks

5 6 marks

4 4.5 marks

1 3.5 marks

a. Write an initial response to Katie providing an overview of AALs internal complaints process and information about your dispute resolution process.

Comprehensive and well- structured response, providing a concise overview of the key elements of the internal complaints process and the steps involved

Response includes a clear and thorough explanation of dispute resolution process

Well-organized response, providing a clear overview of internal complaints process and the main steps involved

The response also includes a relevant explanation of dispute resolution process

Adequate response, providing a basic overview of internal complaints process, although some details may be lacking

The response includes a basic explanation of dispute resolution

Limited response, providing an inadequate overview of AAL’s internal complaints process, with missing or unclear information

The explanation of dispute resolution process is incomplete or vague

Response to provide an understandable overview of internal complaints process or does not address it at all

The response does not include any explanation of dispute resolution process or offers irrelevant or incorrect information

12 15 marks

10 11.5 marks

7.5 9.5 marks

6 7 marks

1 5.5 marks

Draft a reply to Katie (for checking and sign-off by the compliance manager), in which, for both the Consumer Guarantees Act and the Human Rights Act, you:

state whether the Act has been breached

give reasons for your decision, including reference to the relevant sections of the Act

If the Act has been breached, recommend one way to remedy the situation, as directed by the Act.

Comprehensive and well-

Well-organized response,

Adequate response

States whether each Act has been breached and offers basic justifications for decision

Recommends a possible remedy if an Act has been breached

Limited response,

Attempts to provide an

structured response,

demonstrating a strong

providing an inadequate

overview of the Acts but

demonstrating

understanding both Acts

overview of both Acts

this is not relevant or

understanding of both

Acts

Clearly states whether each Act has been

Statement of whether each Act has been

clear.

Does not correctly state

Clearly states whether

breached in this context

breached may be unclear,

whether each Act has

each Act has been

and provides relevant

and the any justifications

been breached or offers

breached in this context

justifications, including

lack detail or relevance,

irrelevant or incorrect

and provides well-

explanations of the

with minimal or incorrect

justifications, without any

reasoned justifications,

appropriate sections of

references to the

references to the Acts

including explanations of

the relevant sections of the Acts

the Acts

Recommends a suitable remedy if an Act has been

Recommended remedy is vague or inappropriate if

an Act has been breached

Does not recommend a remedy or provides an

irrelevant or incorrect

Recommends an effective

breached

recommendation if an Act

and appropriate remedy

has been breached

if an Act has been

breached

Case Study 2: Task 2

20 25 marks

16.5 19.5 marks

12.5 16 marks

10 12 marks

1 9.5 marks

Write an email response in which you:

Response is

Response is well-

Response provides an

Response is limited in

Attempts to provide an

a. Summarise, in your own words,

comprehensive and well-

organized and

adequate overview of

providing a coherent

understandable overview

AALs responsibilities under each

structured,

demonstrating an

demonstrates a strong

understanding of

responsibilities under ss

2023 of the Financial

overview of

responsibilities under ss

of responsibilities under

ss 2023 of the Financial

excellent understanding

responsibilities under ss

2023 of the Financial

Markets Conduct Act

of sections 2023 of the Financial Markets Conduct Act (Part 2)

b. For each of sections 2023, give one example of a statement that the team leader should avoid making in her advertisement and explain why.

c. Identify and explain the potential penalties for AAL if it breaches any of sections 2023 of the Financial Markets Conduct Act (Part 2).

of responsibilities under ss 2023 of the Financial Markets Conduct Act (Part 2).

Provides clear, relevant examples of statements to avoid in the advertisement, explaining the reasoning behind each caution.

Expertly identifies and explains potential penalties for breaching ss 2023, demonstrating a strong understanding of the repercussions.

Language used is accurate and fully appropriate for the task.

2023 of the Financial Markets Conduct Act (Part 2).

Offers clear examples of statements to avoid in the advertisement, along with appropriate explanations.

Outlines potential repercussions for breaching ss 2023.

Language used is mostly accurate and appropriate for the task (e.g., may use some jargon or be informal/formal in places)

Markets Conduct Act (Part 2).

Summarises these responsibilities in own words, although the explanations might lack detail or clarity .

Includes basic examples of statements to avoid in the advertisement and offers general explanations for each.

Briefly mentions potential penalties for breaching ss 2023.

Language used may not be fully for the task (e.g., may use too much jargon or be too informal/formal) or may be unclear in places

Markets Conduct Act (Part 2).

Any examples of statements to avoid in the advertisement lack detail or relevance.

Explanation of potential repercussions for breaching ss 2023 is also insufficient or vague.

May not be in email format and language may be unclear or inappropriate.

(Part 2) or does not address them at all.

Does not include any examples of statements to avoid in the advertisement or provides irrelevant or incorrect examples.

May be very brief, and/ or not in email format. Language may be very unclear or inappropriate.

Does not accurately explain any potential repercussions for breaching ss 2023.

Case study 1: Charlie Brown Mortgages Limited You are a financial adviser employed by Charlie Brown Mortgages Limited (CBML) to provide advice on home loans. Key information about you: Youhave worked for CBML for five years
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