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RSM Tenon fined £700k over structured product sales 'flaws'

by Iain Martin on Feb 25, 2010 at 10:44

RSM Tenon fined £700k over structured product sales 'flaws'

The Financial Services Authority has fined RSM Tenon Financial Services £700,000 for flaws with its advice on Lehman-backed structured products.

RSM Tenon Financial Services has been ordered to review its sales of Lehman-backed and other structured products and compensate them for unsuitable advice.

The FSA identified that Tenon failed to treat customers fairly in its sale of Lehman-backed investment plans between November 2007 and August 2008. Tenon did not asses the risk of structured products and failed to provide suitable advice, according to the FSA.

Two more advice firms are expected to be censured by the FSA for the problems with Lehman-backed structured products. The FSA reviewed the structured product market following the collapse of Lehman Brothers in September 2008. Many clients and advisers were unaware that the US investment bank was the counterparty underpinning structured products offered by Legal & General, Meteor Asset Management, NDFA and Defined Returns Limited.

The FSA also identified flaws with Tenon’s advice on pensions switching and its failure to assess the suitability of its recommendations. Tenon has been ordered to review its pension switching recommendations and compensate clients who have been mis-sold.

‘This is the first action we have taken for advice failings relating to Lehman-backed structured products following our recent review, and we acted swiftly and decisively in order to return money to investors as quickly as possible,’ said Margaret Cole, head of enforcement at the FSA. ‘We will continue to take tough action where we find evidence that firms are giving unsuitable advice to investors.’

The FSA ordered Tenon to appoint a skilled person to review its current sales and complicated regime relating to investment sales and suitability recommendations. Tenon cooperated and settled with the FSA at an early stage, which meant its fine was cut from £1 million.

RSM Tenon was formed out of the merger of listed accountancy group Tenon and Telford-based accountants RSM Bentley Jennison, which was partly backed by Standard Life. The merger of the two groups, which both had financial services arms, created corporate chartered firm RSM Tenon Financial Services, which has around 120 advisers.

13 comments so far. Why not have your say?

Ollie

Feb 25, 2010 at 10:55

Martin Bonynge

Feb 25, 2010 at 10:57

fascinating!

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Philip Melville

Feb 25, 2010 at 11:10

Gosh... it's website proudly announces that RSM Tenonare one of a very few Chartered firms - see CII for details. The hole seems to have dropped out of this particular bucket this week- a poisen chalice ?

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mike@lift-financial.com

Feb 25, 2010 at 11:17

Julian Stevens

Feb 25, 2010 at 11:31

Well spotted Mr Melville. But surely, according to one of the central pillars of the RDR, once we're all chartered or well on the way there, we'll have a professionally perfect industry and none of these sorts of things will ever happen again?

Errr, somehow things don't actually work that way in practice, do they?

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Chris F

Feb 25, 2010 at 11:34

Goodness knows what Tenon did wrong, but Lehman's were AAA rated, so in the eyes of the ratings agencies - and who are we to second guess them when governments themselves rely on these august bodies - Lehman's were as reliable as UK PLC.

So, yet again the FSA are going back and judging yesterday's advice in light of today's knowledge.

They aren't even closing the door after the horse has bolted.

Interesting to note; on the same day, the FOS released figures showing that 65% of the 8,800 complaints agains Barclays were upheld in favour of the client.

Good to see the FSA getting their priorities in the right order as always...

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Phil Castle

Feb 25, 2010 at 11:52

Even the FSA I would hope would have to accept that the name is irrelevant and in fact mentioning a name may distort the advice from the adviser or the willingness of a client to act on that advice.

The rating (if we are ever to trust rating agencies again and I e little choice but to rely to some extent on ratings as we do with OEIC and other funds)

The Name only becomes relevant when ensuring a broad spread and teh principle holds true with banks too i.e. if you sell your house or business for say £600k and don't buy immediately our firms advice is now to make sure if the monies are going to a solicitors client account, you knwo WHICH banks PLURAL. We as a firm check with our Platform providers how they handle cash, Transact for instance split 4 banks way automatically. Since the banking crisis, if we do consider any structured products, then we compare the counterparty against any other relationships the client has with the counterparty (i.e. a lot recently had RBS, Barclays or Lloyds as counterparty so if the client banks with them too, that becomes relevant....)

Th interesting thing is if the fine was £700k, how much is the compensation or PI bill likely to be?

Up until the banking collapse, the FSA seemed to like structured products. Funny how it's all changed.

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Harry Katz

Feb 25, 2010 at 12:16

All very diverting I'm sure, but what I really want to know is this:

This is yet another fine levied. I don't know how much has been raked in over (say) the last 12 months, but how is it accounted for?

Does it appear in the FSA accounts? I haven't found it if it does. So where does the money go? To pay bonuses?

I know where it SHOULD go - to reduce the fees of those advisers who haven't been fined (or found out?) and who invariably have to pay for those who are less fastidious.

Perhaps someone or some journal that has the time and inclination could raise the question under the Freedom of Info Act?

I'm sure we'd all like to know.

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billy the fish

Feb 25, 2010 at 12:17

They also like etfs,its in the rdr..talk about counter party risks

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SIMON MANSELL

Feb 25, 2010 at 14:14

Maybe the FSA should fine itself and charge this out to the IFAs it regulates and failed to protect. It was the FSA that failed to treat IFA customers fairly in its approval of Lehman-backed investment plans. It was the FSA that did not asses the risk of structured products or the banks and it was the FSA that said and did nothing in the credit boom!

The Charterred status of Tenon has done nothing to protect Tenon or its customers and likewise RDR will do nothing to protect the consumer from the all powerful "do as I say not as I do" regulator.

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Man in Black

Feb 25, 2010 at 16:24

Yeah. It's a joke.

My old firm decided to close this year. We didn't renew our 'corporate chartered' status. Yet I see we appeared on the list they released the other week...

Maybe it's because we said we would adopt a 'diversity policy' in line with CII's Code of Ethics? (Clearly, that'll help any client getting advice on complex products?)

Whilst FSA has certainly shown its usual 20:20 vision, its pertinent to note that a key failing of Tenon was a basic lack of factfinding: "Information that the firm failed to record included the customer’s annual income, investment timescale, existing savings, existing investment portfolio and liabilities;"

You will have spotted much the same criticism at the heart of yesterday's notices against Park Row: "due to the inadequate recording of customers’ personal and financial information...it was not possible for Mr Sprung to demonstrate that Park Row advisers had considered the interests of its customers"

Sometimes, we all appear to lose sight of the basics - and leave ourselves open.

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Man in Black

Feb 25, 2010 at 16:32

Hi Phil

"The population of Lehman-backed Structured Products which may be subject to redress is estimated to be £1.8 million"

No reference to redress costs of the other Past Business Reviews (e.g. other structured products or pensions switching), though these should be less prone to redress.

Revenues are cited as having been £262k in respect of structured products and £3.2m in respect of pensions switching.

Anyone noticed your PI premiums going up recently? And questions about pensions switching and structured products appearing on your renewal docs?

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Gillian Cardy

Feb 26, 2010 at 14:13

The fines levied against any firm are allocated to the sector(s) in which the fined firm operated and thus work to reduce the overall FSA fees by being a credit to the budgeted income for that sector - it's only a shame that it doesn't go anywhere near offsetting the FSCS liability for firms still trading.

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