Release Date: 11th March 2024

To access the original FCA document, click here.

Summary

Inspirational Financial Management Ltd (IFM) has been fined £897,840 by the Financial Conduct Authority (FCA) for providing unsuitable pension transfer advice, particularly to British Steel Pension Scheme (BSPS) members, between June 2015 and December 2017. The fine comprises £740,140 in disgorged profits and a £157,700 penalty, which was reduced from £225,300 due to early resolution.

Reasons for the FCA Fine:

• Unsuitable Pension Transfer Advice: IFM advised 85% of its clients, and 89% of BSPS members, to transfer out of defined benefit pension schemes despite FCA guidance suggesting such transfers were generally unsuitable. This advice exposed customers to significant financial risks.
• Misleading Information: IFM provided incorrect and potentially misleading cash flow projections, indicating funds would last longer than they realistically would.
• Contingent Charging Model: IFM’s charging model created a conflict of interest, as the firm only received fees if customers proceeded with the transfer.
• Inadequate Risk Management: IFM failed to gather sufficient financial information from customers, did not properly assess whether transfers were suitable, and issued generic Suitability Reports, often after transfer decisions had already been made.
• Lack of Internal Controls: IFM lacked adequate policies and procedures to oversee its pension advice process and relied excessively on a single Pension Transfer Specialist without proper compliance checks.

Key Takeaways for Other Firms:

• Follow Regulatory Guidance: Adhere strictly to FCA guidelines regarding pension transfers and ensure advice is genuinely in the best interests of the customer.
• Ensure Accurate and Transparent Information: Provide accurate and realistic financial projections and ensure all relevant information is clearly communicated to customers.
• Avoid Conflicts of Interest: Implement a fee structure that does not incentivise unsuitable advice.
• Robust Risk Management: Collect comprehensive financial information and conduct thorough assessments to determine the suitability of advice.
• Strengthen Internal Controls: Establish robust policies, procedures, and compliance checks to ensure advice quality and regulatory adherence.

Conclusion

The FCA’s action against IFM highlights the importance of providing suitable financial advice and maintaining rigorous internal controls. Firms must ensure they act in their clients’ best interests, avoid conflicts of interest, and adhere to regulatory guidelines to prevent substantial penalties and protect customer interests.