Advisor Compliance Checklist
Section 1:
Advisor Disclosure Obligations
- To comply with industry guidelines/standards
- Must be provided prior to the sales transaction
**Regulatory requirement of all licensed advisors
The client must have clear information about:
- Any industry-related licence(s) you hold
- Companies you represent
- Nature of your relationship with the Companies
- How you are compensated
- Additional compensation you may receive (e.g. volume bonus; travel incentives)
- Any Conflict of Interest
- Client’s right to ask for more information
**Note: CLHIA also offers guidance for group products
Section 2:
Managing Conflicts of Interest Obligations
- Disclosure of actual, potential or perceived conflicts of interest
- Interest of the client must be placed ahead of the advisor
- Product must be suitable for the client’s needs
- To comply with industry requirements / standards
Section 3:
Product Suitability Obligations
- To help your client make an informed and confident purchase decision
- To comply with regulatory / industry / company requirements and standards
Section 4:
Needs-Based Selling Obligations
- To comply with regulatory / industry/ company requirements and standards
- Identify and assess the client’s insurance needs in order to recommend a product that is suitable and meets the needs of the client
- Document the reasons for recommendations made
The Approach – General Principle:
The recommended product or service must be appropriate for the needs of the client as determined by a needs assessment and/or as identified by the client.
- 1. Provide Disclosure to the client
- Set Client Expectations regarding the advisor/client relationship
- Conduct a reasonable Fact Find
- Conduct a Needs Assessment
- Provide client with Recommendations & professional Advice
- Provide written explanation of recommendation – Reasons Why
- Provide Product Information to the client
Section 5:
Policy Replacement Obligations
- Disclose all information needed to ensure client has a good understanding of the product recommend and the impact of proposed replacement
- Ensure policy replacement is in the best interests of the client
- To comply with provincial regulations
Section 6:
Record Keeping Obligations
Files must be current, correct, complete, consistent & contemporaneous
- Client signed Disclosure/Engagement Letter
- Consent to collect personal information
- Fact Find
- Risk Assessment / ID verification
- Illustrations
- Needs Assessment/Recommendations
- Replacement forms
- Reasons Why Letter
- Policy Delivery Receipt
- Consent to communicate electronically (CASL)
- Notes relating to sales process and on-going service
Section 7:
Anti-Money Laundering and Anti-Terrorist Financing Obligations
- To help detect and deter money laundering and the financing of terrorist activities
- To comply with AML/ATF regulation Appoint a Compliance Officer
- Written policy & procedure Conduct a Risk Assessment (every 2 years)
- Complete a Self-Assessment (every 2 years) On-going training
Section 8:
Privacy Obligations
- Protect client’s information
- To comply with federal and provincial privacy laws
- Appoint a Compliance Officer
- Written policy & procedure
- Privacy Breach process
- Testing of policy & procedure
- On-going training
Section 9
Canada's anti-spam legislation Obligations
- To obtain express consent from all clients to communicate electronically
- To comply with CASL rules and legislation
Section 10
Do Not Call Obligations
To comply with the CRTC National Do Not Call Legislation
Section 11
Errors & Omissions Obligations
- Understand your policy
- Licensing requirement in most provinces
- Carrier requirement as part of your contract
- Protection of advisor assets in the event of a claim
Section 12
Education & Training Obligations
- C.E. Credits
- License requirement in many provinces