Terms of Business

Terms of Business 2021-07-20T12:55:52+01:00

July 2021

This document set out the terms under which Capital Options Limited (“the firm”, “the company”, “we”, “us”, “our”) will provide business services to consumers (“you”) which is subject to the Central Bank of Ireland’s Consumer Protection Code.

  • The full name, address and contact details of the firm are set out on the top of this document.
  • Capital Options Limited is a financial services company specialising in the provision of advice on and the processing of applications for Life & Pension products, Savings & Investments, Stocks & Shares and other investment instruments from time to time.

Gary Hanrahan established the business in 2010 as an advisory business to companies and private clients. Its primary aim is to provide solutions in the areas of deposits, personal and corporate pensions and investments and wealth management.

We offer access to deposits, investments and life services on a fair analysis basis. We are not tied to any one financial institution for any product or service.

  • Authorised Status
    Capital Options Ltd (C85803) is regulated by the Central Bank of Ireland as an Investment Intermediary and Deposit Broker under the Investment Intermediaries Act 1995 (as amended), as an Insurance Intermediary under the European Communities (Insurance Mediation) Regulations 2005. Copies of our statements of Authorised Status from the Central Bank of Ireland are available on request. Alternatively, the Central Bank of Ireland holds registers of regulated firms which can be viewed on their website www.centralbank.ie.
  • Statutory Codes
    Capital Options Ltd is subject to and complies with the Consumer Protection Code, Minimum Competency Code and Fitness & Probity Standards. These Codes offer protection to consumers and can be found on the Central Bank of Ireland website www.centralbank.ie
  • Complex Investments Instruments (MiFID) & Ongoing Suitability Assessment:
    Ongoing suitability assessments will form part of the service to clients whose investments come under the remit of the MiFID Regulations 2017. Where your investment falls under these regulations we will provide you on an annual basis with a client report outlining any changes in the services or instruments involved &/or the circumstances of you, our client.
  • Our services may be paid for by a fee payable directly by you and/or by introductory and recurring remuneration payable directly from product and service providers such as banks, building societies, insurance companies, stockbrokers etc. If we receive recurring remuneration, this will be in respect of the provision to you of product information we believe to be relevant to your circumstances and providing responses to any queries you may have on the contract you have taken out and where requested by you. We may enter into arrangements with product producers and service providers whereby, additional remuneration based on overall levels of business introduced by us may be payable.

The firm may charge you a fee for services provided instead of, or in conjunction with, remuneration and other payments from financial institutions to which we transmit orders on your behalf. The firm currently charges such fees based on a time charge of €180 per hour, plus VAT. The firm will notify you in advance where we propose to charge you a fee.

  • If you have been referred to us by an entity authorised to provide financial services in the State, We may pay a fee to that entity for that referral.
  • With your consent, Capital Options Limited may refer you to other entities regulated to provide financial services in the State. Capital Options Limited may receive remuneration in return for such referrals.
  • It is the policy of Capital Options Limited to endeavour to avoid, as far as possible, any conflict of interest when providing services to its clients. However, where an unavoidable conflict may arise we will advise you of this in writing before proceeding to provide any service. If you have not been advised on any such conflict you are entitled to assume that none arises.
  • Capital Options Limited will, if necessary, exercise its legal rights to receive any payments due to it from clients, for services provided by it and to be reimbursed for any value obtained by it for clients arising from payments to it by clients that subsequently default.

Data Protection

Capital Options Limited complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018.

The data that you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf. Your data will be passed to the relevant product producers with who Capital Options Limited has agencies for the purpose of arranging transactions agreed with you. Your data will be processed only in ways compatible with the purpose for which it was given and as outlined in our Data Privacy Notice and Data Protection Policy and Procedures. This information will only be used to provide you with business services, to meet any legal and regulatory obligations, and for legitimate business reasons.

From time to time, we will send information about other financial products and services, provided by us or associated companies with which we have a formal business arrangement, which we think may be of interest to you. You have the right to ask us not to send you this marketing material and, at any time you can ‘opt out’ of receiving marketing material. You have the right to see the information that is held on you and you can do this by writing to the Compliance Officer at this address.

If you decide at any time that you no longer wish us to hold or use personal data relating to you, or if the information we hold becomes inaccurate, please notify us in writing and we will, subject to our regulatory obligations, remove or rectify the information within a reasonable time. You are also entitled to access information which we hold relating to you and can do so by applying to us in writing. We reserve the right to charge a reasonable fee (not to exceed €6.35) for each access request. We are entitled to take reasonable steps to establish your identity in relation to any amendment, access or deletion request and may, at the firms discretion, require proof of identity or other documents. All data will be retained for no longer than necessary for the purpose for which it is provided and as required to satisfy regulatory requirements. We retain client transaction records for a period of at least six years.

You can make a verbal or written complaint to us about any service, which is covered by these Terms of Business, provided by Capital Options Limited to you. Such complaints can be referred to Mr Gary Hanrahan, the Compliance Officer of the firm, who will also be your contact point in relation to the on-going investigation of your complaint. We will:

  • Acknowledge your complaint in writing, within 5 business days of receipt of the complaint.
  • Investigate your complaint.
  • Provide you with a written update on the progress of the investigation of your complaint at intervals of not greater than 20 business days.

Attempt to resolve your complaint within 40 business days of having received the complaint; where the 40 business days has elapsed and the complaint is not resolved, we will inform you of the anticipated timeframe within which we hope to resolve the complaint. We will advise you of the outcome of the complaint in writing and, if appropriate, explain the terms of any offer or settlement being made.
You are entitled to refer the matter to the Office of the Financial Services & Pensions Ombudsman (01-5677000 or info@fspo.ie). A full copy of our complaints procedure is available on request.

Capital Options Limited is a member of the Investor Compensation Scheme, which provides compensation to certain ‘eligible investors’ in the event of a firm, covered by the scheme being found to be unable to meet its financial obligations to its ‘eligible investors’. Certain professional investors, such as pension funds and professional and institutional clients are not covered by the Scheme. Compensation payable in relation to the default of a firm covered by the scheme is limited to 90% of the eligible investor’s loss arising from the default of the firm, subject to a maximum compensation of €20,000.

CLIENT ACKNOWLEDGEMENT AND DATA CONSENT

Direct Marketing

I confirm having read the paragraphs in relation to Data Protection and Direct Marketing in the Terms of Business and above, and consent to Capital Options Ltd making contact with me in relation to the range of services provided Capital Options Ltd or its Associated or Partnership Companies by way of any or all of the below (please indicate accordingly):

Letter  □               Phone □               Email □                 SMS text □          Newsletter □

I acknowledge and confirm that I have been provided with a copy of the Terms of Business of Capital Options Limited and that I have read through and understand these terms. These Terms of Business apply until further notice.

Signed: _________________________________ Date: ____________________________

Signed: _________________________________ Date: ____________________________

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