TOPIC 24 & 25 Other regulation & consumer rights, Complaints and Compensation Flashcards

1
Q

Which of the following is defined as a special category of personal data under data protection legislation?

a) Age.

b) Race.

c) Sex.

d) Address.

A

b) Race.

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2
Q

The EU Consolidated Life Directive (2002) does not apply to which of the following?

a) Annuities.

b) Whole of life assurance.

c) Income protection.

d) Personal pensions.

A

d) Personal pensions.

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3
Q

With regard to oversight, which of the following is true?

a) Internal auditors are responsible for making sure a firm’s financial statements are accurate.

b) Unit trust trustees are the legal owners of the trust assets.

c) External auditors are concerned with a firm’s processes and risk management.

d) Compliance officer is not a senior management function under the Senior Managers and Certification Regime.

A

b) Unit trust trustees are the legal owners of the trust assets.

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4
Q

Which of the following is true in relation to UK domiciled alternative investment funds (AIFs)?

a) UK AIFs can be marketed cross-border to a retail investor using the marketing passport.

b) UK AIFs sold in EU countries are subject to UK marketing rules.

c) AIFs is the term used for UK UCITS wishing to market into the EU since Brexit.

d) Passporting rights give UK AIFs the facility to be marketed in EU member states under a streamlined process.

A

c) AIFs is the term used for UK UCITS wishing to market into the EU since Brexit.

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5
Q

The Insurance Mediation Directive and the Insurance Distribution Directive do not apply to tied agents of an insurance company.

a) True
b) False
A

a) True

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6
Q

The Markets in Financial Instruments Directive applies to advising on:

a) unit trusts.

b) life assurance.

c) personal pension.

d) mortgages.

A

a) unit trusts.

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7
Q

A firm subject to the Markets in Financial Instruments Directive must seek authorisation in each EEA country it intends to operate in.
a) True
b) False

A

b) False

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8
Q

The Pension Protection Fund does not protect members of personal pension schemes.

a) True
b) False
A

a) True

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9
Q

What is not a power available to the Pensions Regulator?

a) Issuing compensation notices for personal pension mis-sales.

b) Issuing contribution notices.

c) Disqualifying trustees who are not considered fit and proper.

d) Imposing fines or prosecuting offences through courts.

A

a) Issuing compensation notices for personal pension mis-sales.

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10
Q

Which of the following data protection principles is incorrectly stated?

a) Principle 1: data must be processed lawfully, fairly and in a transparent manner in relation to individuals.

b) Principle 2: data must be collected for specified, explicit and legitimate purposes.

c) Principle 3: data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

d) Principle 5: data must be kept in a form which does not identify data subjects in any circumstances.

A

d) Principle 5: data must be kept in a form which does not identify data subjects in any circumstances.

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11
Q

What is the difference between a data controller and a data processor?

A

A data controller is legally accountable for the purposes for which data is processed and the way such processing is carried out. A data controller is a ‘legal person’ but not necessarily a ‘natural person’, ie it might be an organisation rather than an individual.

A data processor is a person who processes personal data on behalf of the
data controller.

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12
Q

What does GDPR define as ‘sensitive data’?

A

 race;
 religious beliefs;
 political persuasion;
 trade union membership;
 sexual orientation;
 health;
 biometric data;
 genetic data

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13
Q

Which of the following is not one of the GDPR principles?

a) Data must be adequate (but not excessive) and relevant to the purpose for which it is processed.

b) Data controllers must take appropriate technical and organisational measures to keep data secure from accidental or deliberate misuse, damage or destruction.

c) Data must not be kept for longer than five years from the point at which it is gathered.

d) Data must be kept accurate and up to date.

A

c) Data must not be kept for longer than five years from the point at which it is gathered.

The principle actually states that data must not be kept for longer than is necessary. In a financial services context, this will be determined by the record keeping requirements relating to specific products or to money laundering rules.

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14
Q

What is the penalty for committing a criminal offence in relation to UK GDPR?

A

The maximum penalty for a criminal offence in relation to UK GDPR is the higher of £17.5m or 4 per cent of the organisation’s worldwide turnover of the previous financial year.

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15
Q

The Pensions Regulator is responsible for the regulation of occupational pension schemes only. True or false?

A

False. The Pensions Regulator is responsible for occupational pension schemes and for personal pension schemes where the employer has a direct pay arrangement.

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16
Q

What is the role of the Pension Protection Fund?

A

The Pension Protection Fund provides compensation payments to members of defined benefit pension schemes if a firm becomes insolvent with insufficient funds to maintain full benefits for scheme members.

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17
Q

Which of the following products are not subject to MiFID?
a) Units in a collective investment.
b) Shares.
c) Life assurance.
d) Bonds.

A

c) Life assurance.

18
Q

What investment activities are subject to MiFID?

A

Receipt and transmission of orders from investors, execution of those orders on behalf of customers, investment advice, discretionary portfolio management (on a client by client basis, in accordance with mandates given by investors), and underwriting the issue of specified financial instruments.

19
Q

A general insurer with a head office in one of the member states may set up branches in other member states; these branches will be regulated by the national regulator of the state in which
the head office is situated. True or false?

A

True

20
Q

With which regulator must UK-based IFAs who sell life assurance or general insurance be registered?

a) The FCA.
b) The PRA.
c) The CMA.
d) The IDD.

A

a) The FCA.

21
Q

In relation to the Financial Services Compensation Scheme (FSCS), which of the following is true?

a) Home finance claims are limited to £85,000 per mortgage.

b) Small businesses are not eligible to make claims to the FSCS.

c) Oversight of the FSCS is solely the responsibility of the FCA.

d) Compensation cannot be awarded for stock market losses.

A

d) Compensation cannot be awarded for stock market losses.

22
Q

Within what timescale must the FCA respond to a super-complaint?

a) 30 days.

b) 60 days.

c) 90 days.

d) 120 days.

A

c) 90 days.

23
Q

Jenny has complained about the sale of a life policy. For what minimum period must the firm keep a record of the complaint?

a) 1 year.

b) 3 years.

c) 5 years.

d) 10 years.

A

b) 3 years.

24
Q

Sarah made a complaint to her bank and is not satisfied with the response. If she wants to refer the complaint to the Financial Ombudsman Service, she must do so within what period of the response?

a) 30 days.

b) 4 weeks.

c) 3 months.

d) 6 months.

A

d) 6 months.

25
Q

Adam and Angie had £210,000 in a joint deposit account when the bank became insolvent. What compensation, if any, would they receive through the Financial Services Compensation Scheme?

a) Nothing initially, they must first go through the Financial Ombudsman Service.

b) £85,000.

c) £170,000.

d) £210,000.

A

c) £170,000.

26
Q

Which of the following would not be eligible to refer a complaint to the Financial Ombudsman Service?

a) James, on behalf of his business, which has 45 employees and annual turnover of £5.5m.

b) Jordan, who has a complaint about a consumer buy-to-let mortgage.

c) A charity with annual income of £5.5m.

d) A trustee of a trust with net assets of £5.5m.

A

d) A trustee of a trust with net assets of £5.5m.

27
Q

Sahan has been awarded £160,000 compensation by the Financial Ombudsman Service. Sahan and the firm are not satisfied with the result. Which of the following is true?

a) The award is binding on both parties.

b) The award is binding on Sahan, but the firm can appeal through court.

c) The award is binding on the firm, but Sahan can appeal through court.

d) The award is not binding on either party and either party can appeal through court.

A

c) The award is binding on the firm, but Sahan can appeal through court.

28
Q

Which of the following would result in full settlement of a claim to the Financial Services Compensation Scheme?

a) Dolores, who lost £90,000 as a result of her investment adviser’s insolvency.

b) Saleem, whose car insurer became insolvent before his accident claim was settled.

c) Will, whose home contents claim has been refused by his insurer.

d) Greg, who is not happy with his bank’s final resolution letter in response to his claim for £4,000 compensation for a product mis-sale.

A

b) Saleem, whose car insurer became insolvent before his accident claim was settled.

29
Q

Under the Consumer Rights Act Alternative Dispute Resolution options, adjudication decisions can be appealed through courts

a) True
b) False
A

a) True

30
Q

The Consumer Rights Act 2015 does not cover which of the following?

a) Consumer rights when goods are faulty.

b) Consumer rights when services are not provided.

c) Unfair contract terms.

d) Compensation limits for successful claims.

A

d) Compensation limits for successful claims.

31
Q

In situations where alternative dispute resolution is being used, which of the following options allows for appeal through the courts?
a) Arbitration.
b) Mediation.
c) Adjudication.
d) Conciliation.

A

c) Adjudication.

32
Q

In summary, in what circumstances is a contract or notice deemed to be unfair?

A

A contract or notice is deemed to be unfair if it causes a significant imbalance in the rights and obligations of the various parties to the contract to the detriment of the consumer.

33
Q

Which of the following would not be classed as an eligible complainant according to the FCA’s definition?
a) A private individual.
b) A business with an annual turnover below £6.5m and fewer than 50 employees, or an annual balance sheet below £5m.
c) A charity with an annual income of less than £6.5m when the complaint is made.
d) Trustee of a trust that has a net asset value of less than £6.5m when the complaint is made.

A

d) Trustee of a trust that has a net asset value of less than £6.5m when the complaint is made.

The net asset value must be less than £5m, not £6.5m.

34
Q

Which of the following is a step that must be carried out when a firm receives a complaint, if it cannot be resolved within three working days?

a) Call the complainant to discuss the matter.

b) Advise the customer that they can refer the matter to the FSCS.

c) Refer the complaint to an individual in an FCA governing function.

d) Ensure the complaint is investigated by a person of sufficient competence, who, where possible, is not someone directly involved in the matter under complaint.

A

d) Ensure the complaint is investigated by a person of sufficient competence, who, where possible, is not someone directly involved in the matter under complaint.

35
Q

Within what period of time does the FCA expect firms to resolve the majority of complaints?

A

8 weeks

36
Q

Once a firm has completed its procedures for resolving a complaint, it must always issue the complainant with a final response letter. True or false?

A

False. For complaints that are resolved by close of business on the third working day following receipt, the firm must provide a summary resolution
communication to the complainant, advising them of their right to refer the matter to the FOS should they remain dissatisfied with the firm’s response.

37
Q

For how long must records of complaints involving MiFID business be retained by the firm?
a) One year.
b) Three years.
c) Five years.
d) Indefinitely.

A

c) Five years.

38
Q

Within what time limits must a complaint be made to the Financial Ombudsman Service?

A

6 months

39
Q

Which organisation is responsible for dealing with complaints relating to the sale of pension products?
a) The Financial Ombudsman Service.
b) The Pensions Ombudsman Service.
c) The Pensions Advisory Service.
d) The Financial Services Compensation Scheme.

A

a) The Financial Ombudsman Service.

The Pensions Ombudsman Service and The Pensions Advisory Service only deal with complaints relating
to the running (ie administration) of personal and occupational pension schemes. The Financial Services Compensation Scheme deals with compensation for customers who have lost money through the
insolvency of an authorised firm.

40
Q

What is the maximum permissible compensation payable by the FSCS for a term assurance policy that provides £100,000 cover over a 20 year term?

A

One hundred per cent of the value of the policy with no upper limit.