The Financial Services Authority (FSA) said it estimates half of all funds held in the UK traded life settlement policy market are in investments which are in "difficulty".
Today the FSA announced plans to ban the sale and promotion of "toxic" traded life policy investments because they are high risk and generally unsuitable for the majority of UK retail investors.
FSA figures suggest at least 1,000 distributor firms have been involved in the sale of TLPIs such as those promoted by failed firm Keydata.
Of a total TLPI market worth £1bn, the regulator said around half of this is held in investments that are already in difficulty.
Costs to distributors of today's guidance could be "significant" depending on the volume of unsuitable sales, it said.
According to the regulator the vast majority of cases it has reviewed so far show that advice has been unsuitable.
In one example the FSA found a firm selling TLPIs without appropriate controls which showed evidence of mis-selling in almost all cases.
The FSA is not requiring firms to review past sales of the TLPIs. But if firms decide to review past sales, it estimates a cost per case of £200 to £300 for firms using their own compliance staff.
Depending on the results of any reviews, firms may be liable to pay consumers redress, the FSA warned.
"It is important to note that, while this is a cost for firms, it is also a benefit for existing customers who have received unsuitable advice," the FSA stated.
The FSA said it is aware reviews of sales by firms and subsequent payment of redress may lead to problems with the ongoing viability of some firms.
But it adds these products carry inherent risks that may lead to customers' claims for redress anyway.
Providers of TLPIs are set to be hardest hit by FSA plans to ban the investments.
The FSA expects its consultation to reduce retail demand for TLPIs. It could also lead to increased redemptions from existing customers resulting in liquidity difficulties for firms running TLPIs and may cause the products to fail.
The regulator admitted there is a risk that its decision to publishpropose a ban on the products may lead to a run on the investments, which may jeopardises the viability of the product and lose consumers money as a result.
As an example of customer exposure, the FSA have found average holdings of £36,000 per investor in one unnamed TLPI.
The FSA said investors may only get back 15% of their investment if one particular product it looked at failed.
Firms should review promotions following publication of the guidance to ensure they meet the required standards, the FSA said.
Reviews may give rise to redress if firms find that their promotions have not been fair, clear and not misleading so that retail customers can understand the risk involved with TLPIs, the regulator said.
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| Comment | FSA estimates £500m caught in troubled traded life policy funds |
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Ludicrous assertions of FOS lawyers
Interesting to see that Herbert Smith's list of 'incompetent advisers' includes many firms of lawyers and chartered accountants. One wonders how they will defend themselves in general against the effects of the adverse publicity, and against the incompetence slur in particular.
Posted by: Sage
FSA is perfect
Only the imperfect ever need to admit they are at fault. The FSA by definition are perfect. If only the perfect law-makers and faultless implementers of the FSA were this side of the fence designing safe, high performance, easy-to understand products which could never underperform or 'fail' then the financial world would be a better place. Love from a grateful IFA
Posted by: Justin Thomas
Irony
The FSA confirmed to an IFA that they saw no problem with the Arch Cru funds after their ARROW vists in 2008. Did they know that the Cru Investment POrtfolio (among others)were invested between 10-25% in the 'troubled' Assured Fund, a life settlements fund based in the Caymans, now penalising redemptions by 30%? Did they alert Capita, or Arch, to any unease about the funds during their ARROW visit? If it was OK then, why isn't it OK now, or didn't they realise what they were inspecting ?
Posted by: Caramba!
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Irresponsible
Today's announcement just about takes the biscuit in winning the award for most "irresponsible announcement of the year". Amazing timing. Just as the "double whammy" of the FSA and the FSCS pursuing IFA's who distributed Keydata products begins to to really "crank up",with ludicrous assertions from Herbert Smith why not turn the knife in really deep and totally destroy the asset class,by causing a "run" on it. Well done !!!!
Posted by: Geoff Hartnell