Intermediaries have been arguing for years something needs to be done about regulatory retrospection, as firms feel it has been impossible to really challenge changes or decisions made by the FSA and FOS.
But at last, someone has come up with a sensible solution to the problem in the Aifa’s plans to create a database of accepted practice revealing what was influencing an intermediary’s decision-making at the time a recommendation is made, along with those aspects which might also influence the consumer. As the Aifa points out, there are still many subjective factors which influence any investment decision but could later be challenged unless they are somehow documented beyond official regulatory requirements. FSA rules stipulate advisers should show how they came up with a decision, bu...
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