Guidance notes for starting your discounted gift trust with an Old Mutual International

Transcription

1 Guidance notes for starting your discounted gift trust with an Old Mutual International International Portfolio Bond For use with bare and discretionary versions For the UK individual investor This document was last updated in December Please confirm with your financial adviser that this is the most up-to-date document for your product or servicing needs. TAXATION INFORMATION Under Automatic Exchange of Information (AEOI) regulations Old Mutual International is required to obtain information about an applicant s tax status. To enable us to comply with these regulations, when submitting this application form you must also submit the Taxation information and self-certification for individual investors. Completion and submission of a self-certification is mandatory and failure to provide one could result in your Portfolio being reported under AEOI by default. If any of the information contained in the self-certification changes please advise Old Mutual International promptly so we can determine if a new self-certification is required. Important information This product is not available in certain jurisdictions, such as the United States of America, its territories and possessions. Your financial adviser will be able to tell you if your country of residence and/or nationality fall into one of these jurisdictions. CANCELLATION RIGHTS: If cancellation rights are exercised during the cancellation period, any premium amounts paid will be refunded to the original source as stated in section D of the application form. The refund will be made less any deduction in respect of movements in investment prices and exchange rate fluctuations (where applicable) at the time the completed Cancellation Notice is received by Old Mutual International at its Head Office. Also the refund will not include any financial adviser fee we have facilitated at your request. We cannot reclaim or refund that fee. The fee agreement is between you and your financial adviser and not Old Mutual International and it is up to you to reclaim the fee. ASSIGNING THE BOND INTO A DISCOUNTED GIFT TRUST only applicable to uk applicant(s) Please note that if you would like to assign the bond into a discounted gift trust at a later date, once the bond has started, neither the applicant nor the applicant s spouse or civil partner (as defined by the UK Civil Partnership Act 2004) should be included as lives assured. The applicant(s) will become the policyholder when the bond starts. The policyholder(s) will, when assigning the bond into a discounted gift trust, be known as the settlor(s) of the trust. The reason why they cannot be a life assured is because under the UK Finance Act 1986, Paragraph 7, Schedule 20, a gift with reservation may arise where the settlor or settlor s spouse or civil partner are included as lives assured. The UK gift with reservation rules operate so that if you give away an asset (in this case when assigning the bond into trust), but continue to benefit from it, the gift will become ineffective for inheritance tax purposes. A Type of application LIFE ASSURANCE A life assurance bond has one or more lives assured, which means the bond will come to an end when the assured person(s) die(s). There is a choice of having one, two or more lives assured. Where there is more than one life assured, the bond will end when the last person whose life is assured dies. CAPITAL REDEMPTION A capital redemption bond does not have lives assured, therefore, unlike a life assurance policy, it will not come to an end on the death of a relevant life assured. Instead it has a term of 99 years. It will continue to the end of the term (the maturity date), unless it is fully cashed in before the 99 years come to an end. Each policy still in force at the maturity date has a guaranteed value of twice the premium paid less a percentage which is derived from the proportion that the withdrawals taken from the bond bear to the premium paid. This will be paid to your beneficiaries. Bond means the policy or group of policies issued to the applicant(s) following their application for an International Portfolio Bond Life or International Portfolio Bond Redemption. POLICY CURRENCY Your regular International Portfolio Bond valuations will be summarised in your chosen policy currency. This is also the currency in which the deduction of our charges and adviser fees will be made, or charges applying when changing your investment choice. B Details of all individual applicant The applicant is the person who will own the bond. The application form allows two applicants to apply for a discounted gift trust with an International Portfolio Bond Life or International Portfolio Bond Redemption. If you would like to add any further applicants please copy and complete section B and, when initialled by ALL applicants, attach it with the application form before forwarding it to Old Mutual International. PREVIOUS NAME OR ALIAS Please state any previous name(s) or any alias used in the box provided. This may include a previous surname before marriage/civil partnership or any other change of name in the past. This section must be completed for regulatory purposes. If this does not apply, please leave this field blank. continued 1 of 7

2 B Details of all individual applicant(s) (continued) POLITICALLY EXPOSED PERSON A politically exposed person is someone holding an important public position, or a person clearly related to them. Examples of these are: Heads of State or Government Judicial or military officials Senior politicians Senior executives of publicly owned corporations Senior Government officials Important political officials. ADDITIONAL DOCUMENTS TO EVIDENCE YOUR IDENTITY AND RESIDENCE In line with our anti-money laundering requirements we need the following documents to support your application: Proof of identity an original or a copy of your passport or national identity card. If these documents are not available please provide two formal documents carrying appropriate personal details and verifiable reference numbers (for example, bank statement, pension book or council tax bill). Proof of residence copy of a utility bill or bank statement. This should be the latest available, but no more than three months old. All documentary evidence, where the original document is not provided, must be certified by a suitable certifier (see section M of these guidance notes) as a true copy of the original, a copy of a copy will not be accepted. Please note we are not able to return the documentary evidence to you. In some circumstances we may need further documentation to support your application, for example in relation to your origin of wealth. Your financial adviser will be able to provide details on any additional needs by carrying out a short risk assessment with you. We would encourage you to do this as without this further documentation, if applicable, the processing of your application may be delayed. C Details of the life/lives assured In this section you should give the details of the life/lives assured in addition to the applicant(s), if you have selected the life assurance option in section A. The minimum age for a life assured is three months whilst the maximum age is 89 years. We have a flexible approach to allow multiple lives assured (ie more than two) when applying for a discounted gift trust with an International Portfolio Bond Life. If you would like to add any further lives assured please copy and complete section C and, when initialled by ALL applicants, attach it with this application form before forwarding it to Old Mutual International. The applicants named in section B (referred to in the trust deed as the `settlors ) or their spouses/civil partners (as defined by the Civil Partnership Act 2004) may NOT be included as lives assured because under the Finance Act 1986, Paragraph 7, Schedule 20, a gift with reservation may consequently arise. D Source of funding The details from where you are paying your premium must in all instances be included in Section D of the application. If you are making payments from multiple sources then you should provide the details required in Section D for each separate source by photocopying page 5 and attaching to the application form. Where making multiple payments, please provide an explanation for this. The applicants named in section B (referred to in the trust deed as the `settlors ) or their spouses/civil partners (as defined by the Civil Partnership Act 2004) may NOT be included as lives assured because under the Finance Act 1986, Paragraph 7, Schedule 20, a gift with reservation may consequently arise. E Investment details PREMIUM PAYMENT You can pay your premium by electronic bank transfer, asset transfer or by using our share sale service (available to UK residents only, please ask your financial adviser for further details on this service). If you wish to transfer the premium electronically, please enclose a copy of receipt of your electronic payment with the application or use Old Mutual International s Bank Instruction letter that you can obtain from your financial adviser. Please do not remit any funds to Old Mutual International until you have been advised to do so and your application has been accepted. For electronic banking details please see below. BANKING DETAILS Sterling payments From UK banks (CHAPS* payments) Sort code: Bank: Isle of Man Bank, East Region, 2 Athol Street, Douglas, Isle of Man Beneficiary: Old Mutual International Isle of Man Limited IBAN***: GB94NWBK From non-uk banks (SWIFT** payments) SWIFT code: RBOSIMD2XXX Sort code: Bank: Isle of Man Bank, East Region, 2 Athol Street, Douglas, Isle of Man Beneficiary: Old Mutual International Isle of Man Limited IBAN: GB94NWBK Other currency payments (SWIFT payments) Payments should be made to Old Mutual International Isle of Man Limited s accounts held with National Westminster Bank, London. SWIFT code: Bank: IBAN: NWBKGB2LXXX National Westminster Bank, London (select as applicable, see below) 1. US dollar IBAN GB05NWBK New Zealand dollar IBAN GB26NWBK Euro IBAN GB63NWBK Norwegian krone IBAN GB23NWBK Australian dollar IBAN GB18NWBK Singapore dollar IBAN GB53NWBK Canadian dollar IBAN GB80NWBK Swedish krona IBAN GB69NWBK Danish krone IBAN GB22NWBK Swiss franc IBAN GB14NWBK Japanese yen IBAN GB40NWBK Hong Kong dollar IBAN - GB52NWBK *** CHAPS is an electronic bank-to-bank same day value payment made in the UK in pound sterling ( ). *** SWIFT is an acronym for Society for Worldwide Interbank Financial Telecommunications. *** IBAN stands for international bank account number and is always used in conjunction with a bank identifier code (BIC). 2 of 7

3 E Investment details (continued) IMPORTANT: Please make sure that the applicant s name is quoted in the payment field, referred to by the bank as SWIFT field 70, on the electronic bank transfer form to ensure that correct details are sent to Old Mutual International. Please note that when sending payments electronically spaces should be excluded from the IBAN numbers. All bank charges, such as telegraphic transfer charges, are the responsibility of the applicant, not Old Mutual International. Currency Conversions If you choose a policy currency other than that in which you make your investment, ie the premium amount you pay to us, you should be aware that we will notionally convert the premium amount into your chosen policy currency. This means we will not physically convert the premium amount, just apply the converted amount to your policy. This currency conversion could expose you to exchange rate fluctuations. Any conversion that we make will be based on the closing market mid-rate * provided to us by a third-party currency rate provider and the converted premium amount will be the amount which is shown in your policy schedules. If additional currency conversions are required as a result of transactions within your bond, you should be aware that delays may occur. Please refer to the Policy Terms for any charges which may apply. F Asset choice APPOINTING AN AUTHORISED CUSTODIAN, FUND ADVISER AND/OR DISCRETIONARY ASSET MANAGER You can appoint up to three authorised custodians to hold your assets or alternatively you can hold some of your assets with an authorised custodian and some of your assets with our default custodian. You can appoint a fund adviser or request Old Mutual International to appoint a discretionary asset manager to manage the assets held with your chosen authorised custodian(s). You must complete an appointment form for each fund adviser and/ or discretionary asset manager you wish to appoint to manage the assets held by each custodian. Please enclose your completed fund adviser and/or discretionary asset manager forms with your application form. Your application may be delayed if you do not enclose the relevant appointment forms when you submit your application form. Authorised custodian will hold the assets on Old Mutual International s behalf. You may already have a custodial arrangement which you are happy with and you can continue your existing arrangement within the International Portfolio Bond. Alternatively you can choose a custodian now by completing the Request for Old Mutual International or Old Mutual International Ireland to appoint authorised custodian(s) form. Your choice of custodian, whether it is your existing arrangement or a new one, will always be subject to our approval. Through this facility you, your fund adviser or the discretionary asset manager, if applicable, can issue investment instructions directly to the authorised custodian who will implement them. Your fund adviser or the discretionary asset manager could be associated with your authorised custodian for ease of administration. If you have chosen to have more than one authorised custodian to hold your assets you need to select one of them as a Lead Custodian. Where your assets are held in part by the default custodian, the default custodian will be the Lead Custodian. We will instruct the lead custodian to sell assets to pay for portfolio bond charges debited to the transaction account held by our default custodian. Please refer to your Policy Terms for further information. Default custodian this is the professional banker or other organisation, which is authorised by its regulator to provide custodian and depository services that we normally use to hold our assets. Fund adviser our Appointing a fund adviser to your Old Mutual International - International Portfolio Bond or Old Mutual International Ireland European Portfolio Bond form gives two options when appointing your fund adviser, depending on the level of authority they have. The first option is the non-discretionary Authority which means your fund adviser will discuss any proposed changes to the investment choice with you. This person must always obtain your prior written agreement before any changes to your investments are made, but you will authorise the fund adviser to submit investment instructions to Old Mutual International on your behalf. The second option is the Discretionary Authority. This option is for the discretionary fund advisers who have the necessary permission from the regulator in the country they are operating in to manage your investments on your behalf. This person will be able to structure your investment portfolio and monitor its performance. The discretionary fund adviser will deal directly with us or an authorised custodian, if applicable, on your behalf. The discretionary fund adviser can change your investment choice without any prior consultation with you, but they must act in accordance with the investment agreement you make with them which states your investment risk profile and limitations on investments. It is your responsibility to ensure that this person is carrying out investment instructions in accordance with your investment agreement. We will accept all instructions from this person in good faith until you tell us otherwise. In certain jurisdictions it may be advantageous to appoint a discretionary fund adviser. Discretionary asset manager is a person or firm that acts on behalf of Old Mutual International under terms of business agreed between us and following your request to use their service in respect of your Policy. A discretionary asset manager will act on a discretionary mandate prescribed by Old Mutual International and investment objectives and risk profile you have stated to us in the request form Request for Old Mutual International Isle of Man Limited ( Old Mutual International ) to appoint a discretionary asset manager in respect of your policy. They must be appropriately qualified and regulated to offer discretionary fund management services. Where you have assets held with our default custodian, you should complete the asset choice table. How to complete the asset choice table: Asset identifier* please provide a recognised security identifier for all security/fund purchase requests, such as an ISIN number. Your financial adviser can provide you with the relevant security identifier. asset name please make sure you clearly state the full name of the security/fund and please do not use abbreviations. If you have chosen an Old Mutual International fund, please prefix the fund name with OMI IM, and also refer to the note about the base currency of the security/fund below. accumulation/income unit requirement if applicable, please state accumulation or income unit. The difference between accumulation units and income units is that unit trusts with accumulation units reinvest any income from the trust s investments in the trust rather than paying it out to its investors as dividends which is the case for income units. If you give no instructions, and a choice of accumulation or income units is offered, we will invest in accumulation units. Where you have chosen income units any dividends will be paid into your transaction account. Share class if applicable please include confirmation of required share class for example, A, B or C. Base currency of security/fund if known, please provide confirmation of the base currency of the requested security/fund. This can be abbreviated, for example GBP for pound sterling ( ) or USD for US dollar. The International Portfolio Bond must invest directly into the base currency of funds. Investment % please use whole percentages only, which must add up to 100% in the total box. Minimum investments the minimum investment you can hold in any one asset is 400 (US$600, 600 or other currency equivalent). Please note that an asset manager may set their own minimum investment levels that could be higher and you should be aware of these before submitting instructions. Transaction account it is your responsibility to make sure money is readily available to meet charges or part surrenders/regular withdrawals, you can achieve this by holding cash in your chosen policy currency. If you have not chosen a nominated asset for regular withdrawals and part surrenders and you have an insufficient credit balance in your transaction account to cover your regular withdrawals we will stop the payments. Please refer to your Policy Terms for further information. 3 of 7

4 F Asset choice (continued) If the information requested in a column does not apply then either leave it blank or state n/a for not applicable. If you have not provided us with complete investment instructions, or if one or more of your selected fund(s) is not currently available, we will, in accordance with the Policy Terms, hold any part of your chosen percentage in the transaction account. Please note that money held in the transaction account does not earn interest. The transaction account is used to hold all money for the purchases of and proceeds from the sale of and any distributions from investment holdings. Charges applicable to the bond and some third-party agent fees are also taken from the transaction account. A delay in investing your premium may occur if the instructions are illegible, unclear or relate to an asset which is not normally permitted. Please note that we are unable to backdate transactions resulting from the delay caused in clarifying your instructions. *Providing this information will remove the potential need to seek clarification and enable us to act upon your instruction more efficiently. IMPORTANT GUIDANCE NOTES ABOUT YOUR ASSET CHOICE We do not provide investment advice and have no responsibility for the performance of your selection of investments. It is for you and your financial adviser, or fund adviser (if applicable), to choose the investments most suitable for you. All assets required, other than Old Mutual International funds, must be recognised by us or specifically agreed by us as eligible to be purchased as a permitted investment under the bond. Any assets purchased in respect of your bond will be purchased at the open-market buying price as shown on the contract note used by the seller or stockbroker. Any third-party charges relating to the purchasing of assets, such as bank charges, will be debited to your bond. All assets are held in the name of Old Mutual International and all dealing and contract notes must be made and delivered in the name of Old Mutual International. If you have chosen our authorised custodian facility please see the beginning of this section. It is your responsibility to make sure money is readily available to meet charges or part surrenders/regular withdrawals, you can achieve this by holding a credit balance in your chosen policy currency in the transaction account for your policy. Your Nominated asset(s) will be sold where there would otherwise be insufficient cash in your transaction account to make a regular withdrawal payment. Please note that if you have not nominated an asset and you have an insufficient balance in your transaction account to cover your regular withdrawals we will stop the payments. Please refer to your policy Terms for further information. FUTURE INVESTMENT INSTRUCTIONS You or your fund adviser, if applicable, can change the choice of assets by sending a dealing instruction in the post to us. If you have appointed an authorised custodian the instructions must be sent to that custodian s dealing desk. We will not pass on investment instructions meant for assets held with the authorised custodian. INVESTMENT RESTRICTIONS For full details of investment restrictions, please refer to the Policy Terms. The list below shows examples of the types of investment we might accept/refuse. Permitted investments Old Mutual International internal funds Collective investment funds and unit trusts Bank deposits non-permitted investments Stocks and shares Fixed interest securities quoted on a recognised stock exchange Eurobonds and currency deposits If you have any questions or need any clarification of these notes, terms and restrictions, then please contact our Dealing Admin team on +44 (0) or us at omifminvdealing@ominternational.com, or alternatively contact your financial adviser. 4 of 7

5 G Origin of wealth As part of global efforts to prevent money laundering and terrorist financing, all Isle of Man based companies have to collect additional information on origin of wealth for all investments. This should not be viewed as questioning the quality of your investment. It is a safeguard that will benefit the industry as a whole and ultimately protect you as an investor. The first step is to complete all the relevant information in section G of the application form. In some circumstances we will require documentary evidence before we can process your application form. Your financial adviser can establish if documentary evidence is needed by contacting us before sending in your application form to us. It is in the interest of all parties that you and your financial adviser make sure as early as possible what we need in order to avoid delays in starting your policy. We also recommend that you do not send us your premium payment until you have supplied us with all the information we require. The reason for this is that if we for any reason are unable to accept your application then we will return your payment to the source stated in your application form. The list below reflects what documentary evidence is required for each origin of wealth; please state what evidence you are enclosing in your application form. In certain circumstances, when an application form falls into a high-risk group for anti-money laundering or countering terrorist financing purposes, we may require further documentary evidence. Description of source of wealth Sale of shares Maturing investments/policy claim/ Replacement policy Sale of property Other unearned income Sale of interest in company Inheritance Loan Gift Compensation Competition or gambling win Other Documentary evidence required legal sale document copy of contract notes letter from previous product provider regarding notification of proceeds of claim closing statement from previous product provider One of the following or equivalent: signed letter from solicitor/lawyer or regulated accountant; or signed letter from estate agent (if applicable); or copy of sale contract All of the following: appropriate supporting documentation signed letter detailing income from a regulated accountant signed letter from solicitor/lawyer signed letter from regulated accountant copy of contract of sale and sight of investment monies on bank statement copies of media coverage (if applicable) as supporting evidence grant of probate (with a copy of the Will) which must include the value of the estate the Will signed letter from solicitor/lawyer confirmation letter from loan provider recent loan statement All of the following: identification on the grantor (even if it is not coming from their account) letter from grantor explaining the gift and source of their wealth documentary evidence as to the grantor s source of wealth as detailed in this table letter/court order from compensating body signed letter from solicitor/lawyer letter from relevant organisation (lottery headquarters, betting shop, casino) bank statement showing funds deposited by company name copies of media coverage (if applicable) as supporting evidence Refer to Old Mutual International 5 of 7

6 H Number of policies We will automatically issue 12 policies if the number of policies has been left blank in the application form. If you would like a different number of policies to enhance the future flexibility of your bond, which you may have discussed with your financial adviser, then you need to take the following into account: The minimum investment amount for each individual policy is normally 400 (US$600, 600 or other currency equivalent). The investment amount for each policy will not necessarily be the same, this will depend on the amount of your investment. However, where possible your investment will be spread equally across the number of policies you choose. If it is not possible to allocate the same amount across each policy, then the last policy will have a different amount. For example, if you invest 50,000 and the number of policies is 12, you will receive 11 policies of 4, and one of 4, You CANNOT change the number of policies once the policy is set up. I Old Mutual International charges and adviser fees Old Mutual International s CHARGES Your adviser will be able to explain the Old Mutual International charges that apply to your discounted gift trust with an International Portfolio Bond. These charges will be taken into account within your personal illustration, which forms part of the bond s key features documentation. Please read through these carefully before completing this application form. ADVISER FEES Enter here any initial fee you have agreed with your adviser which we are to facilitate on your behalf. Where Old Mutual International is not to facilitate fee payments, please tick the No initial fee payable box. You agree with your adviser the fee(s) that Old Mutual International is to pay from your investment. We are not involved in setting the agreed fee(s) but we will act on your instruction. There may be tax implications in paying fees from your policy. You should discuss this with your financial adviser before completing the application. You or your Fund Adviser or the discretionary asset manager (if appointed) must ensure there is sufficient credit in the Transaction Account held with Old Mutual International for your policy to cover the ongoing service fee payments. The first payment date would be the first deduction date. This is the last working day of the second month following the first calendar quarter occurring after your policy starts. So if your policy starts on 1 November, the first calendar quarter is 31 December and the first payment would be made on the last working day of February. J Health questions (to be completed by recipient(s) of withdrawals) In order to satisfy HM Revenue & Customs (HMRC) requirements, and provide you with an estimate of your discount (immediate reduction in your inheritance tax liability), we need to be able to calculate the part of your investment which is likely to be required to provide you with the regular withdrawals. So that we can do this as precisely as possible we need to establish how long your withdrawals are likely to last. Basically this involves estimating your life expectancy and that of any other settlors entitled to the withdrawals. This is why we ask you to complete some health questions in this application form. We will also request a general practitioner s (GP) report, as this can be used to confirm your (and any other settlor s) state of health at the time you placed the bond into trust. This is known as underwriting. Any estimated discounts initially quoted, before any health information is received by Old Mutual International, will be amended to reflect your actual state of health once the health questions and GP s report have been received and reviewed. The trust will not come into effect until the medical evidence has been assessed by Old Mutual International. However, the bond will start before we receive the medical evidence, unless you instruct us otherwise, and when we have completed the health assessment we will date the trust in accordance with the settlors instruction. This is called the declaration date. We will write to your financial adviser to advise what the value of the discount is and they will be able to provide this information to you. Alternatively, if you do not want us to start the trust automatically, you can ask us to inform you of the calculated discount before the bond is placed in trust, but you must tell us this when you apply. Please note: In a scenario where the application form was signed more than 30 days before the trust could be declared, a further declaration may be needed and signed by you. If this should happen, Old Mutual International will provide you with a declaration of continuing good health for signing. K Declaration and application Once the declaration has been agreed, each applicant needs to sign the appropriate spaces with dates, and ensure the selected options are ticked. L Verification of customer identity financial adviser/suitable certifier to complete As part of global efforts to prevent money laundering and terrorist financing, all Isle of Man based companies have to verify the identity and address of all individuals party to a contract (for example applicant(s), trustees, power of attorney). Parts A and B in section L of the application form set out the various documents Old Mutual International is required to obtain by the Isle of Man Financial Services Authority (FSA). Please note that the requirements may change if the regulations are altered, in which case Old Mutual International may need further documentary evidence. 6 of 7

7 M Financial adviser/suitable certifier declaration CERTIFYING DOCUMENTS Unless the documents provided are originals, they will all need to be certified by a suitable certifier. A suitable certifier can be any of the following: a regulated introducer, or authorised employee of a regulated introducer, that is based and regulated in an equivalent jurisdiction to the Isle of Man. Details of equivalent jurisdictions can be found on the FSA website appendixc.pdf; or a person appointed in writing by Old Mutual International (suitable certifier); or a solicitor, lawyer or advocate; or notary public; or an authorised representative of an embassy or consulate of the country that issued the identification document. When certifying a document, the suitable certifier must include the following wording: I hereby confirm that this document is a true copy of the original. The suitable certifier must also sign and print their name, state their company name, their position within the company and the date. UK lasting powers of attorney and UK enduring powers of attorney can be certified by the settlor, a solicitor or a notary only. Calls may be monitored and recorded for training purposes and to avoid misunderstandings. Old Mutual International Isle of Man Limited is registered in the Isle of Man under number 24916C. Registered and Head Office: King Edward Bay House, King Edward Road, Onchan, Isle of Man, IM99 1NU, British Isles. Phone: +44 (0) Fax: +44 (0) Licensed by the Isle of Man Financial Services Authority. Old Mutual International Isle of Man Limited is a member of the Association of International Life Offices. Old Mutual International is registered in the Isle of Man as a business name of Old Mutual International Isle of Man Limited. When printed by Old Mutual this item is produced on a mixed grade material, which uses a combination of recycled wood or paper fibre from controlled sources and virgin fibre sourced from well-managed, sustainable forests. PDF9200/INT /December of 7