Tidying up after a busy June: a compliance perspective

Insurance brokers – Tidying up after a busy June: a compliance perspective

You’ve had a hectic June but feel satisfied because you assisted so many clients

There is an alarming amount of paperwork that you need to clear & you’re desperately trying to remember all the compliance stuff that you’re supposed to do.

I’m not condoning non-compliance however you have a small window to rectify. We are only human after all & we all make mistakes.

Don’t forget to raise any non-compliance as an incident in either CCX 360 or similar register & declare on your attestation.

𝗬𝗼𝘂𝗿 𝗵𝗶𝗻𝗱𝘀𝗶𝗴𝗵𝘁 𝗰𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲 𝗰𝗵𝗲𝗰𝗸𝗹𝗶𝘀𝘁

Over the past 4 weeks

  1. 1 Did you provide Terms of engagement to prospective clients?
  2. Did you provide an FSG?
  3. If the client is a retail client did you disclose your actual $ remuneration?
  4. Was any client dissatisfied with your service? If so, raise as a complaint, give the client a call to check in, apologise & advise of your IDR process
  5. Did you provide support to any client experiencing vulnerability?
  6. Did you correctly identify consumer insurance contracts & comply with your client’s duty to take reasonable care not to make a misrepresentation?
  7. In all other cases did your client comply with their duty of disclosure?
  8. Did you contact your client at least 14 days before the policy expiry date?
  9. Did you bind terms for your client? If the insurer or underwriting agency did not provide renewal terms or non-renewal notice to you 14 days prior to the due date your client has the benefit of statutory cover for renewals.
  10. Did you ensure that your retail client fell within the Target Market Determination?
  11. Did you send your retail client the PDS? (Which also includes the policy schedule).
  12. If you are a NIBA member & won the account but the previous broker did all the renewal work. Did you send the commission to the previous broker?
  13. In your client dealings, did you act honestly & with integrity? Did you act with commercial decency? Did you provide a duty of care to your client that a reasonable broker in your circumstances would?
  14. Was all client money paid into your trust account?
  15. Any E&O matters that you need to disclose to your PI insurer?

𝙋𝙤𝙨𝙩 𝙅𝙪𝙣𝙚 𝙞𝙨 𝙖 𝙜𝙧𝙚𝙖𝙩 𝙩𝙞𝙢𝙚 𝙛𝙤𝙧 𝙖 𝙘𝙤𝙢𝙥𝙡𝙞𝙖𝙣𝙘𝙚 𝙝𝙚𝙖𝙡𝙩𝙝-𝙘𝙝𝙚𝙘𝙠

As the dust settles in June, now is a great time to think about a compliance health check.

When conducting a compliance health check of your broking business I consider:

1. Financial service laws
2. Your AFSL authorisations & conditions
3. Your obligations as an Authorised Rep
4. Your monitoring of your staff, ARs & referrers
5. If you’re a Steadfast member – Steadfast Broker Code of conduct
6. If you’re a NIBA member – the Code of Practice
7. CCX 360 or equivalent (evidence of compliance)