UK Retail Investment Space and The Difference Between General Advice and Guidance

6 min read | November 23, 2020 11:54 PM AEDT | By Kunal Sawhney

There is always a confusion among the people in the United Kingdom regarding the difference between Advice and Guidance in the retail investment space. This lack of understanding often leads to people being unaware of what kind of protection is available to them if something goes wrong in the services they receive. Improving the consumer's understandings between the two will help them navigate through the myriad of service providers, and the nature, implications and consequences of the services availed.

Investing one’s hard-earned money is a very big decision. Most of the time, people who wish to save and build a corpus for their future needs, turn to stock markets and other such investment avenues. However, in order to avoid from falling into an unfortunate pitfall and lose all his money he needs to have a thorough understanding of how financial markets work, and what are the different financial instruments that trade therein. To assist potential investors and also for people who have been investing for long, there are businesses and other not for profit organisations who provide the information, advice, guidance, and a host of other services which could be useful in their decision-making process.

However, most of the people while availing these services do not know if there is some disparity in these services being offered or what their legal rights are if they are not satisfied with the services they receive. The Financial Conducts Authority (FCA) provides some basic definitions and explanations regarding some of the keywords like Advice and Guidance so that the general public is more aware of it when they go to avail these services.

Here in this article we will give you a general overview of the key differences between Advice and Guidance providing firms.

 

Difference between Advice and Guidance services providing firms

Advice providing firm – An ‘Advice’ means a recommendation to buy or sell a particular investment option. The nature of such a recommendation is that it is personal to the reader. It will be based on the specific circumstances and financial objectives of the investor. The investor may choose to either act or not to act on that advise. However, the most important aspect of financial advice providing firm is that it must be authorised by the FCA before it can provide this kind of advice.

Guidance providing firm - The term ‘Guidance’ is a much broader concept and includes more general information about financial products. It can include information about different types of investments or general principles to consider when investing. Guidance can aid you in understanding the various investment options before you decide for yourself how to invest your money. Some people use it to narrow down their options before seeking advice. Most of the free educational materials available on different websites come under this category. Public bodies such as Pension Wise, the Money Advice Service as well as the Pensions Advisory Service, also offer guidance. These public bodies do not sell financial products and services but provide general, free, independent, and impartial financial information.

The FCA, however, provides in more specific terms, the below six-pointers by which an investor may identify as to what constitutes Advice and what constitutes Guidance.

 

Advice

Guidance

Type of service

It will recommend what you should do, for example, to buy or sell. However, the essential condition here to be called advice is that it should fulfil the need of the individual, e.g. helping in one's personal financial situation and/ or achieve investment goals.

No specific instruction to do or not to do something. Only general information is provided, which will help investors to arrive at their own decisions.

Who would be the service provider?

Only an FCA registered firm may provide this service. A customer may visit the " Financial Services Register" with the FCA to see which all companies are providing these services in the UK.

Information that would constitute as guidance and organisations who provide information of that nature is not regulated by the FCA.

Charges for the services

This service is generally available for a fee. The service provider will generally provide detailed information on the nature of service, tenure of service and the fee chargeable beforehand.

This service is generally free. However, if a firm regulated by FCA does charge a fee for it, they have to inform the customers beforehand.

Scope of responsibility

Firms who provide Advise services are responsible and liable to the clients for the accuracy, quality, and suitability of the recommendations they make.

The providers of Guidance are responsible for the accuracy and quality of the information provided.

Complain redressal

If a customer is not satisfied with the advice, he may complain to the firm first that gave the advice in the first instance.

 

If the customer is not happy with the firm’s response, or they reject his complaint or if he does not hear from them within eight weeks then he may refer his complaint to the Financial Ombudsman Service.

 

The Financial Ombudsman Service is free of charge, impartial service for resolving differences between financial services firms and their customers. It has the power to award redress (often known as compensation).

If a customer is not satisfied with the service he has received as Guidance, then he should first complain to the organization that gave him the guidance in the first instance.

 

If the organisation is regulated by the FCA and customer is not happy with the firm’s response, or if they reject his complaint or he does not hear from them within eight weeks, then he may refer his complaint to the Financial Ombudsman Service.

 

In case the Organisation is not registered with the FCA, then the Financial Ombudsman Service may not be the right forum for redressal, and the customer may opt for other legal measures.

Compensation

In case the customer has a legal claim against the firm that gave him the advice, and it stops trading; he may be able to obtain compensation from the Financial Services Compensation Scheme. That again will depend on the legal claim satisfying the requirements of the compensation scheme.

In case the customer has a legal claim against the firm that is regulated by the FCA, and it stops trading; he may be able to obtain compensation from the Financial Services Compensation Scheme. That again will depend on the legal claim satisfying the requirements of the compensation scheme.

 

In case the Organisation is not registered with the FCA, then the customer may opt for other legal measures.

(Source: FCA Release)

 

It is, however, always recommended that a customer should seek clarification from the firm about the nature of service before entering into an agreement. Remember, general advice does not consider your individual investment, financial situation, objectives, or needs. You should therefore analyse whether the advice is appropriate to your investment requirements before acting upon it. You may seek further assistance from a stockbroker or other financial professional as necessary before acting on any such advice.


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