Terms of Business
These Terms of Business applicable from 24/03/2026 set out the general terms under which we will provide business services to you and the respective duties and responsibilities of both us and you in relation to such services. Please ensure you read these terms thoroughly and if you have any queries, we will be happy to clarify them. If any material changes are made to these terms, we will notify you. We confirm these terms of business are up to date.
AUTHORISATION AND CODES OF CONDUCT
We confirm we are regulated by the Central Bank of Ireland. Our authorisation can be checked on the Central Bank of Ireland register at www.centralbank.ie or by calling them on 01-224 4000 to verify our credentials. Our reference code is C65992. We are also subject to the Consumer Protection Code, Minimum Competency Code and Fitness & Probity Standards which offer protection to consumers. These Codes can also be found on the Central Bank’s website.
OUR SERVICES
We are an Insurance, Investment and Mortgage Credit Intermediary business. Our principal business is to provide advice and arrange transactions on behalf of our clients in relation to life, pensions, investments & mortgage products. We are members of Brokers Ireland.
We provide advice on a “Limited analysis of the market” basis, which means we provide our services on the basis of a limited number of contracts and product producers/lenders that we have an agency with. We advise you, in our professional opinion, from that selection which will best suit your needs and objectives. While not tied to one product producer the services are not provided on the basis of a fair analysis of the market (i.e. all providers and products).
As part of the process when giving our clients advice on Investments we will need to gather information with regards your investment knowledge and experience, if this information is not provided, we will not be in a position to determine whether the product is appropriate for you.
See below list of Companies we have agencies with.
| Life Companies and Investment Companies | |
| Aviva Life & Pensions Ireland Dac | Newcourt Retirement Fund Managers Limited |
| BCP Asset Management Dac | New Ireland Assurance Company plc |
| Cantor Fitzgerald Ireland Limited | Quest Retirement Solutions Limited |
| Conexim Advisors Limited | Royal London Insurance Dac |
| Independent Trustee Company Limited | Standard Life International Dac |
| Irish Life Assurance plc | Zurich Life Assurance plc |
| MMPI Limited | Pulse Insurance Limited |
| Mortgage Companies | |
| Dilosk Dac | Nua Money Limited |
| Haven Mortgages Limited | Brokers Ireland Network Services Ltd |
| Finance Ireland Credit Solutions DAC | |
Non-Life
Oaktree Financial Services can provide advice on and arrange products from the following range: travel, gadget, pet, car hire excess, wedding and motor breakdown insurance. We provide general insurance on a limited analysis basis (providing services on the basis of a limited number of contracts with Blue Insurances Limited).
We will also offer assistance to you in relation to processing claims on policies taken out with us and in seeking renewal terms on your cover.
MORTGAGES
Through the lenders or other undertakings with which we hold an agency, we can provide advice on and arrange mortgage products from the following range: fixed-rate loans, we provide mortgage advice on mortgages from the selection of lenders we have agencies with. We will need to collect sufficient information from you before we can offer any advice on housing loans. This is due to the fact that a key issue in relation to mortgage advice is affordability. Such information should be produced promptly at our request. Where the creditor is unable to carry out an assessment of creditworthiness because the consumer chooses not to provide the information or verification necessary for an assessment of creditworthiness, the credit cannot be granted.
CONFLICTS OF INTEREST
It is our policy to avoid conflicts of interest in providing services to you. However, if an unavoidable conflict of interest arises, we will advise you of how this is being dealt with in writing before providing you with any service. Although we receive payment from the product Providers/Lenders for your business, we ensure the advice we recommend to you is in your best interest, plus it avoids you having to pay us a direct fee each year. A full copy of our conflicts of interest policy is available on request.
DISCLOSURE OF INFORMATION
We act as your representative to the companies we have agencies with, and we will provide assistance to you with any queries you may have in relation to the policies or in the event of a claim during the life of the policies and we will explain to you the various restrictions, conditions and exclusions attached to your policy. However, it is your responsibility to read the policy documents, literature and brochures to ensure you understand the nature of the policy cover. Material information about medical history, non-smoker status, occupation category and any hazardous pursuits are central to underwriting decisions and it is imperative that all information you provide to the insurer is accurate and complete.
You are under a duty to answer all questions posed by the insurer or us on your behalf, honestly and with reasonable care. It is presumed, unless the contrary is shown, that you would know all questions in an application or at renewal are material to the risk undertaken by the insurer or the calculation of the premium by the insurer, or both. Any failure to disclose material information may invalidate a claim and render your policy void.
You must inform and disclose any material information including any material changes that might take place between the time you complete an application form and the time you pay the first premium. To assist us in providing you with a comprehensive service and to keep our records up-to date as soon as possible, please notify us of any changes to your personal circumstances, e.g. name change, change of address, etc.
Your Responsibilities
Insurers now share all claims information on the Insurance Link database. This reports on all claims and will be used by Insurers to verify correct disclosure of claims information. If you fail to disclose any claims information, it may result in the Insurer voiding policy cover from inception and your claim not being paid. In completing a proposal or claim form, or providing other information, by whatever means, relating to an insurance policy, the accuracy of all answers, statements and/or information will be your sole responsibility. It is essential that we are notified immediately of any new claims, or circumstances, which could give rise to a claim. When you notify us, you must include all material facts concerning the claim. The policy wording will describe in detail the procedures and conditions in connection with making a claim. Failure to give notification of any incident or claim may result in claims not being paid. Where you are in any doubt, you should seek our advice.
SUSTAINABLE INVESTING
We will gather your Sustainable Investing Preferences and principal adverse effects to the environment and include these preferences in our Statement of Suitability/recommendation for you. Ultimately, it is the Product Producers we have agencies with that produce the Investment Products we advise on, and it will be their documentation we are relying on when including Sustainable investments in your recommendation. All information re Sustainable Finance Disclosures will be adhered to by the Product Producers and their brochures and documents will outline their disclosures. We do not consider “adverse impacts of investment decisions” on sustainability factors in our Investment advice.
COMPLAINTS
We have a complaints procedure in place which is available on request. Your complaint can be in writing, email, telephone or face to face. If your complaint is face to face or by phone, we will write to you to confirm our understanding of your complaint. We will acknowledge your complaint within 5 working days if your complaint has not been sorted out within these 5 days, advising you of the name of the person dealing with your complaint on behalf of the company. We will update you on our investigation into your complaint within 20 workings days and endeavour to have a final response for you within 40 workings days. We will notify you if this timeline is not possible and inform you of the time it will take to provide you with a final response letter. Please address any complaint to Adrian Godwin, Oaktree Financial Services. If in the event, a complainant is dissatisfied with the outcome of our investigation, you are entitled to refer the matter to the Financial Services & Pensions Ombudsman, Lincoln House, Lincoln Place, Dublin 2, Lo calls 01 5677000 emails info@fspo.ie.
REMUNERATION
We are remunerated by commission and other payments from product producers or lenders on the completion of your business. You may choose to pay in full for our services by means of a fee. Where we receive a recurring income, this forms part of the remuneration for ongoing advice regarding the business we advise you on and you will be provided with an annual benefit statement/value or review on your pension and investment business.
We will carry out a periodic assessment of the suitability of your investment only at your request. This assessment is not mandatory; due to the fact some clients do not wish to complete this assessment and we respect their decision.
If we receive commission from a product provider, this will be offset against the fee which we will charge you, except for mortgages. Where the commission is greater than the fee due, the commission will become the amount payable to us unless an arrangement to the contrary is made. Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency. We will give you an estimate of this rate in advance of providing you with services and agree to it with you in writing.
Fees
You may elect to deal with us on a fee basis. The hourly rate is €50-€400 depending on the level of advice you require.
Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency. We will notify you in advance and agree the scale of fees to be charged. If we receive commission from a product provider, this may be offset against the fee which we will charge you. Where the commission is greater than the fee due, the commission will become the amount payable to us unless an arrangement to the contrary is made. (*Please note the New Business and Renewal standard set up charge is non-refundable.)
Mortgage Remuneration
We may receive up to 1% (or whatever maximum is applicable) of the loan for arranging mortgage finance. This commission is paid by the mortgage lender. The actual amount of commission will be disclosed at a later stage in the ESIS (European Standardised Information Sheet) which will be forwarded to you at the loan offer stage. Please note that lenders may charge specific fees in certain circumstances and if this applies, these fees will be specified in your Loan Offer. You have the right to pay a fee separately and not include it in the loan. Typically, this situation arises in relation to specialist lending. A full list of lenders and remuneration is available on request.
We may charge a fee of up to €1,000 for advising on a mortgage application, this fee is non-refundable. This is not in any way an indication of mortgage/loan approval. This fee will be advised to you. If we provide mortgage advice and obtain a Loan Offer for you and you subsequently do not proceed with your mortgage application through us, we will charge you an arrangement fee of between €250 and €1,000 for our services depending on the complexity of the case.
If by investing in sustainable investment products there are any differences in charges etc., we will advise you of in advance of you agreeing to go ahead with your investment.
A summary of the details of all arrangements for any fee, commission, other reward or remuneration paid or provided to us by the product producers” is available on our website or in our offices. If you need help with this information, please do not hesitate to call us.
REGULAR REVIEWS
It is in your best interests that you review, on a regular basis, the products which we have arranged for you. As your circumstances change, your needs will change. Please advise us of these changes and request a review of the relevant policy so that we can ensure that you are provided with up-to-date advice and products best suited to your needs.
DEFAULT ON PAYMENTS BY CLIENTS
We will exercise our legal right to receive payments due to us from clients (fees) for the services provided. Product producers may withdraw benefits or cover in the event of a default on payments due under policies or other products arranged for you. We would refer you to policy documents or product terms for the details of such provisions.
Mortgage lenders may seek early repayment of a loan and interest if you default on your repayments. Your home is at risk if you do not maintain your agreed repayments.
Consequences of Defaulting
Oaktree Financial Services Limited will not be able to pay premiums to insurers which have not been received from clients, with the result that cancellation instructions will be given to insurers in the absence of payment of the premium in full. Insurance premiums not received within 10 business days of the start date of a policy will result in the policy been cancelled.
Cancellation
We reserve the right to cancel your policy in certain circumstances, for example the non-payment of premiums, direct debit default, or misrepresentation/non-disclosure of material facts and relevant information. You, the client, can cancel your policy by notice in writing at any time. Provided that all reasonable Fees & Charges due to Oaktree Financial Services have been paid and provided that no incident giving rise to a claim has occurred in the current period of insurance, you will be entitled to a proportionate return of the premium for the unexpired period of insurance. The exceptions to this general principle are as follows: (1) if the policy is on a minimum and deposit basis, no return will be allowed on the policy and this will be noted on your policy schedule and (3) if you cancel any other form of policy during the first year, short term rates will apply; please see your policy terms & conditions for details. Please note that your Insurer may require you to return your policy documents prior to cancellation.
CLIENT MONIES & RECEIPTS
We request all cheques, or negotiable instruments are made payable to the appropriate Product Provider for Life, Pensions, Investment business and to lenders. We shall issue a receipt for each payment received. These receipts are issued with your protection in mind and should be stored safely. Every effort is made to ensure clients’ money is transmitted to the appropriate Product Provider without delay.
When receiving and transmitting orders in relation to insurance policies we may only accept payment from clients payable to itself where an insurance undertaking has invited renewal of a policy of insurance, or the proposal for insurance has been accepted by an insurance undertaking. In all other instance’s payment must be made out to the Product Provider. A receipt is issued for all monies received.
The acceptance by us of a completed proposal DOES NOT in itself constitute the effect of a policy. It is only when the Provider or Lender confirms the policy is in place or the loan is drawn down that your policy is live.
DATA PROTECTION
We comply with the requirements of the Data Protection Regulation. The data will be processed only in ways compatible with the purposes for which it was given. We will provide you with a separate Data Privacy Notice that will outline exactly how, what and where we use your data.
COMPENSATION SCHEME
We are members of the Investor Compensation Scheme which provides for the establishment of a compensation scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) of authorised investment firms, as defined in the Act. Compensation may be payable where money or investment instruments owned or belonging to clients and held, administered or managed by the firm, cannot be returned to those clients for the time being and where there is no reasonably foreseeable opportunity of the firm being able to do so. A right to compensation will arise only: If the client is an eligible investor as defined in the Act, and if it transpires the firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and to the extent the client’s loss is recognized for the purposes of the Act. Where entitlement to compensation is established, the compensation payable will be less of 90% of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1998; or Compensation of up to €20,000. For further information, contact Investor Compensation Co Ltd. on (01) 224 4955.
BROKERS IRELAND COMPENSATION FUND
We are also members of the Brokers Ireland Compensation Fund. Subject to the rules of the scheme the liabilities of its members firm up to a maximum of €100,000 per client (or €250,000 in aggregate) may be discharged by the fund on its behalf if the member firm is unable to do so, where the above detailed Investor Compensation Scheme has failed to adequately compensate any client of the member. Further details are available on request.
INSURER SECURITY
We do not and cannot guarantee the financial security of any Insurer. This is a matter for the Regulator in the insurers home country. If you have any concerns about the security offered, please contact us immediately. A current list of all Insurers with whom we hold an agency appointment is outlined above and displayed in our offices.
GOVERNING LAW & BUSINESS SUCCESSION
These Terms of Business shall be governed by and construed in all respects according to the laws of the Republic of Ireland and will be deemed to cover any successors in business to Oaktree Financial Services.
Oaktree Financial Services Limited trading as Oaktree Financial Services, Oaktree Mortgage Services,Oaktree Insurance, Oaktree Mortgages is regulated by the Central Bank of Ireland. 10 Pearse Square, Fermoy, Co. CorkRegistered No: 485462. Directors: Norma Fitzgibbon Godwin, Tracy Sumstad and Adrian Godwin. Phone: 025 30588. info@oaktreefinancial.ie
