A financial adviser will no longer be able to operate as a senior manager after failing to supervise his pensions transfer specialist who the FSA deems gave customers “unsuitable” advice. The regulator has banned sole trader Darrell Mark Eaden, who traded as Liberty Financial Consultants in Barnsley, for failing to “exercise due skill, care and diligence” in managing the business between May 2004 and March 2005.
Eaden, who also had responsibility for 41 investment advisers and five trainee advisers, “failed to maintain an appropriate level of understanding of pension transfers”, the FSA says, so could not supervise the actions of his pension transfer specialist appropriately.
The FSA says its suspicions were raised after a desk-based review of client files at Liberty in 2005.
It says, among other things, that Eaden “could not identify any set procedures in respect of the reporting or escalation of compliance issues in respect of the performance of his firm’s advisers”. It says he relied on his staff to keep him informed and alert him to any problems as and when they arose.
Eaden stated that there was “no other suitably qualified person” to monitor the performance of the pension transfer adviser and explained in interview that his supervision of that individual was informal and ad hoc because “he [the transfer specialist] was the expert”.
The FSA says Eaden did not understand this new area of business sufficiently, either to assess the specialist’s competence or monitor his performance.
Jonathan Phelan, head of retail enforcement at the FSA, says: “Firms must have in place and operate effective systems to ensure suitable advice is given to customers – this is a key part of treating customers fairly.
“Mr Eaden was responsible for ensuring that Liberty’s pension transfer specialist was effectively monitored, but he fell a long way short of achieving this. As a consequence he has been banned from being a senior manager.
“Our action should leave firms in no doubt that the FSA places great emphasis on the importance of adequate systems and controls, and individuals responsible for those systems and controls will be held accountable if they are not adequate.”
Liberty ceased trading on 3 March 2006 before Eaden applied to the FSA for a change of legal entity to set up Liberty Financial Consultants.
The new company took over all the rights and obligations of the regulated activities of Eaden’s original firm but, on 9 July 2007, Liberty Financial Consultants went into administration and then liquidation on 10 February this year.
Filed under: Financial, Regulation | Tagged: fsa | Leave a comment »