Transact fined £3.5m for client money breaches

Author: Scott Sinclair
IFAonline | 08 Dec 2011 | 10:45

Categories: Wrap/platforms

Topics: Transact

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The FSA has fined Integrated Financial Arrangements plc, which offers the Transact platform, £3.5m for failings in relation to its protection of client money over an eight-and-a-half year period.

The FSA visited Integrated Financial in May 2010 and found that, although it had segregated client money from its own money upon receipt, it had failed to comply with client money rules between 1 December 2001 and 30 June 2010.

Specifically, Integrated did not perform any client money calculations between 2001 and 2010 and, as a result, failed to identify or fund any shortfalls in its client money bank accounts.

This meant that money belonging to one client was used to cross fund other clients and resulted in clients' money being at risk if Integrated Financial became insolvent.

The regulator said Integrated also failed to put in place adequate trust documentation for three of its 28 client bank accounts which also put client money at risk in the event of the firm's insolvency.

Under the FSA's client money rules, firms are required to keep client money separate from the firm's money in client bank accounts with trust status.

Firms that undertake client transactions and hold client money should perform daily client money calculations to check that the amount in the client bank accounts matches the firms records.

The amount of client money held by Integrated Financial during the period averaged £508m. Transact was fined 1% of that amount - £5m - but qualified for a 30% discount for early settlement.

The FSA has made clear no Transact customers suffered any loss or detriment as a result of the breaches.

Tracey McDermott, acting director of enforcement and financial crime, said: "Integrated Financial has committed a serious breach by failing to comply with our client money rules for a significant period of time.

"The FSA has repeatedly emphasised the importance of ensuring that client money is adequately protected and in the past year has taken enforcement action against firms of all sizes for breaches of its client money rules."

Integrated Financial will pay the fine from its own resources, which it said would have no impact upon the operation of client portfolios or the value of investments.

Ian Taylor, CEO, Integrated Financial Arrangements, said: "The essential point to make is that no client has suffered detriment or loss as a result of the breaches.

"Nevertheless, we are chastened. Achieving the highest standards in regulatory compliance is of central importance to our business; we will work tirelessly to reassure our clients, shareholders, staff and business partners that the problem is in the past and we are now fully compliant.

"We believe that our financial strength and market position will make this process easier. In the meanwhile, work continues uninterrupted to maintain our position as the best wrap service in the market, and to service our clients to the usual high standards."

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Some important points

What is important here, in the FSA's own words, is that "clients have not suffered any loss or detriment as a result of the issues raised in this Notice" and "Integrated Financial maintained records in respect of client money, recorded all client money transactions and matched these to the bank statements". This said, we are chastened and we have worked assiduously, since the breach was discovered, to rectify the situation. It is now fixed and has been checked by our auditors. The size of the fine is based on a formula that has been applied by the FSA to 5 other organisations in respect of client money breaches. Unfortunately, our fine is large because our wrap is large. We will pay the fine from our own pocket, so it will have no effect at all on the value of client investments. We now aim to put it behind us and continue to provide the same high quality service that has made Transact a £10 billion wrap. Ian Taylor

Posted by: Integrafin CEO

08 Dec 2011 | 11:16
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Annual Reporting?

How can a breach run for a period of nine years? Did Transact not have annual reports to submit to the FSA? If so, did someone in their compliance department 'incorrectly' sign off each year that their systems were compliant? Did that person understand the FSA's rules? Wher is he/she working now?

Posted by: Green Eyed Monster

08 Dec 2011 | 11:36
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Transact

Why did the FSA take nine years to find this out!! Surely, the FSA should be fined for lack of compliance monitering. The fine is just in time for the Christmas Party!!!

Posted by: Ian

08 Dec 2011 | 11:50
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