TAILIEUCHUNG - Consumer Protection Code 2012

In February 2010, the CPSS and the Technical Committee of IOSCO launched a comprehensive review of the three existing sets of standards for FMIs – the CPSIPS, RSSS, and RCCP – in support of the FSB’s broader efforts to strengthen core financial infrastructures and markets by ensuring that gaps in international standards are identified and addressed. 4 The CPSS and the Technical Committee of IOSCO also identified the review as an opportunity to harmonise and, where appropriate, strengthen the three sets of standards. The lessons from the recent financial crisis, the experience of using the existing international standards, and recent policy. | 2012 TABLE OF CONTENTS Chapter Page 1 Scope 3 2 General Principles 6 3 General Requirements 8 Restrictions 10 Conflicts of interest 13 Personal visits and contact with consumers 15 Premium handling 17 Product producer responsibilities 18 4 Provision of Information General requirements 20 Information about regulatory status 21 Information about the regulated entity and its 22 regulated activities Information about products 23 Information about charges 32 Information about remuneration 32 5 Knowing the Consumer and Suitability 34 6 Post-sale Information Requirements 41 7 Rebates and Claims Processing 47 8 Arrears Handling 52 9 Advertising 56 10 Errors and Complaints Resolution 65 11 Records and Compliance 68 12 Definitions 70 Appendix A Key Features Document for Trackers 76 Appendix B PRSA Document 79 Appendix C Non-standard PRSA Document 82 2 CHAPTER 1 SCOPE INTRODUCTION In order to ensure a consistent level of protection for consumers regardless of the type of financial services provider they choose the Consumer Protection Code the Code was introduced in August 2006. Following the introduction of legislation governing the authorisation of retail credit firms and home reversion firms an Addendum to the Code was issued in May 2008. The Consumer Protection Code has been updated and this revised Consumer Protection Code replaces the original Consumer Protection Code introduced in August 2006 and is effective from 1 January 2012. LEGISLATIVE BASIS This Code is issued pursuant to powers under the following legislation a Section 117 of the Central Bank Act 1989 b Section 23 and Section 37 of the Investment Intermediaries Act 1995 c Section 8H of the Consumer Credit Act 1995 and d Section 61 of the Insurance Act 1989. The Central Bank of Ireland has the power to administer sanctions for a contravention of this Code under Part IIIC of the Central Bank Act 1942. The provisions of this Code are binding on regulated entities and must at all times be complied with when .

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