Terms of Business

These Terms of Business set out the general terms under which our firm will provide business services to you and the respective duties and responsibilities of both the firm and you in relation to such services. Please ensure that 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.

Authorisation with the Central Bank of Ireland

Libertas Wealth Advisory Limited, trading as IIG, Indigo Investment Group, Indigo Investments, Indigo Mortgages, Indigo Wealth, Indigo Private Clients, Indigo Financial Planning, Indigo Mortgage Protection, WLTH and iNVST are regulated by the Central Bank of Ireland.

Registered office: The Greenway, 112–114 St Stephen’s Green, Dublin 2, D02 TD28. Director: Eoin Macken. Registered in Ireland, No. 808671.

The firm operates under the registered trading names Indigo Investment Group and IIG. Both trading names are registered with the Companies Registration Office and recognised by the Central Bank of Ireland.

Libertas Wealth Advisory Limited and Indigo Investment Group is regulated by the Central Bank of Ireland. Libertas Wealth Advisory Limited and Indigo Investment Group is approved as an investment intermediary under the Investment Intermediaries Act 1995 (as amended) (IIA), as an insurance intermediary under the European Union (Insurance Distribution) Regulations 2018 (IDR) and as a mortgage credit intermediary under the European Union (Consumer Mortgage Credit Agreements) Regulations, 2016 (CMCAR) Copies of our regulatory authorisations are available on request. The Central Bank of Ireland holds registers of regulated firms. You may contact the Central Bank of Ireland on 0818 68 681 or alternatively visit their website at www.centralbank.ie to verify our credentials.

Codes of Conduct

Indigo Investment Group is subject to the Consumer Protection Code, Minimum Competency Code, Fitness & Probity Standards and Handbook of Prudential Requirements for Investment Intermediaries which offer protection to consumers. These Codes can be found on the Central Bank’s website www.centralbank.ie

Description of our services

Indigo Investment Group is a member of Brokers Ireland reference 202606. Indigo Investment Group offers advice in relation to all aspects of mortgage finance, life assurance products, Pensions and Investments. Recommendations given by Indigo Investment Group is based on our understanding of the market today, factors influencing our recommendations may change over time. It is important to note we transmit orders on client’s behalf to any of the insurance undertakings or product producers from whom the Company holds letters of appointment. A list of all such entities is elsewhere in these Terms of Business.

Fair and Personal Analysis

Our firm provides advice on a fair analysis of the market for mortgage finance and assurance products. The concept of fair and personal analysis describes the extent of the choice of products and providers offered by an intermediary within a particular category of life assurance, mortgages, and/ or a specialist area. The number of contracts and providers considered must be sufficiently large to enable an intermediary to recommend a product that would be adequate to meet a client’s needs.

“Fair and personal analysis of the market” means that our firm provides its services based on a sufficiently large number of contracts and product producers available on the market to enable our firm to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet our client’s consumer’s needs. Indigo Investment Group cannot be held responsible for any underwriting policies with the lending institutions or insurance companies we hold agencies. These policies are a matter for the respective institutions. Approvals in Principle/Loan Offers are subject to change, Indigo Investment Group takes no responsibility for any decision by a lender to amend or revoke a formal or informal offer from lending institutions or insurers.

If you are being recommended/provided with a Serious Illness or Income Protection product, please pay attention to all policy documentation issued to you, the restrictions, conditions, and general exclusions that are attached to the policy.

The number of providers that constitutes ‘sufficiently large’ will vary depending on the number of providers operating in the market for a particular product or service and their relative importance in and share of that market. The extent of fair analysis must be such that could reasonably be expected of a professional conducting business, taking into account the accessibility of information and product placement to intermediaries and the cost of the search.

In order to ensure that the number of contracts and providers is sufficiently large to constitute a fair and personal analysis of the market, we will consider the following criteria:

• the needs of the customer,
• the size of the customer order,
• the number of providers in the market that deal with brokers,
• the market share of each of those providers,
• the number of relevant products available from each provider,
• the availability of information about the products,
• the quality of the product and service provided by the provider,
• cost, and
• any other relevant consideration.

We are remunerated by commission for our investment intermediary services.

Insurance based Investment Products

We are remunerated by commission for the advice we provide on our insurance-based investment products

Life & Pensions/Deposits & Life Wrapped Investments

We provide life assurance and pensions on a fair and personal analysis basis i.e. providing services on the basis of a sufficiently large number of contracts and product producers available in the market to enable us to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet your needs.

We will provide assistance to you for any queries you may have in relation to the policies or in the event of a claim during the life of the policy 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 that you understand the nature of the policy cover; particularly in relation to PHI and serious illness policies.

Specifically on the subject of permanent health insurance policies we will explain to you; a) the meaning of disability as defined in the policy; b) the benefits available under the policy; c) the general exclusions that apply to the policy; and d) the reductions applied to the benefit where there are disability payments from other sources.

For a serious illness policy, we will explain clearly to you the restrictions, conditions and general exclusions that attach to that policy.

Investment (Article 3)

We provide investment advice on a fair and personal analysis basis i.e. providing services on the basis of a sufficiently large number of contracts and product producers available in the market to enable us to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet your needs.

Mortgages

Through the lenders or other undertakings with which we hold an agency, Indigo Investment Group can provide advice on and arrange mortgage products from the following range: fixed-rate loans, variable rate mortgages, capital & interest mortgages, interest only mortgages, pension mortgages and residential investment property.

We provide mortgage advice on a fair analysis basis (providing services on the basis of a sufficiently large number of contracts and product producers available in the market to enable the firm to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet your needs).

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 upon our request.

Sustainability Factors

In accordance with the Sustainable Finance Disclosure Regulation (SFDR), we inform you that when providing advice on insurance-based investment products/investments, we assess, in addition to relevant financial risks, relevant sustainability risks as far as this information is available in relation to the products proposed/advised on. This means that we assess environmental, social and governance events/conditions that, if they occur, could have a material negative impact on the value of the investment. We integrate these risks in our advice by reviewing provider literature in relation to sustainability risks, we liaise with the providers in relation to any queries in relation to the funds. This information is reviewed by us on an ongoing basis.

Considering Principal adverse impacts on sustainability factors in the advice:

In addition, when providing investment advice, we assess the Principal Adverse Impacts information published by product manufacturers by examining the product providers’ literature to establish the Principal Adverse Impacts for the relevant products. We will then compare financial products across available providers to make informed investment decisions about the suitability of ESG products.

Impact on Return

We also assess the likely impacts of sustainability on the returns of the investment on which we advise. We estimate what the likely impacts of sustainability risks on the returns of Pensions/Investments are.

Remuneration Policy

Life Assurance

Indigo Investment Group is remunerated by commission from product producers. When assessing products, we will consider the different approach taken by providers in terms of them integrating sustainability risks in their product offerings, this will form part of our analysis for choosing a product provider.

Sustainability Factors

We take due care so that our internal remuneration policy with respect to investment advice promotes sound and effective risk management in relation to sustainability risks and does not encourage excessive risk-taking with respect to sustainability risks. Pursuant to Regulation 68 of the Consumer Protection Code, a summary of the details of all arrangements for any fee, commission, other reward or remuneration paid or provided to us which have been agreed with product providers is available in our office or on our website

Mortgage Business

Indigo Investment Group is in receipt of mortgage commissions from lenders at a rate of up to 1% of the value of the amount borrowed, details will be included in your Mortgage Statement of Suitability document and the ESIS (European Standardised Information Sheet) which will be forwarded to you. A list of lenders whom Indigo Investment Group hold agencies with is listed in this document. Information on the variation in levels of commission payable by the different creditors providing credit agreements being offered are available on request.

For example: We charge a fee of €495 for advising on a mortgage application, this fee is non-refundable. This is not in any way an indication of mortgage/loan approval.

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. If we provide mortgage advice and obtain a Loan Offer for you and you subsequently do not proceed with your mortgage application through our firm, we will charge you an arrangement fee of €495 for our services.

Fees and Charges

Indigo Investment Group charges a once off application fee of a minimum of €495 which is non-refundable for a mortgage application. Clients of Indigo Investment Group have the option of dealing with us on a fee only basis for the services we provide.

Financial Review

Indigo Investment Group in the case of Full Financial Reviews where the firm is not in receipt of commission, will charge a service fee, agreed with clients, depending on complexity of the transaction, time spent and nature and extent of the transaction. Our most comprehensive cash flow modelling service costs €4950

Ongoing Remuneration

We wish to inform you that we receive ongoing remuneration from product providers in respect of the financial service provided to you. This remuneration is intended to cover the ongoing service that we provide to you in relation to this product.

The nature of the service for which this remuneration is payable includes ongoing advice and an annual review of your entire finances

Claw back

If we receive commission from a product but this is subsequently clawed-back by the provider because of early encashment by you or because of the transferring of the assets or business to another provider or in any circumstances consequent on your actions or omissions, we will charge a fee to you that is equal to 100% of the clawed-back commission. That fee will be owing in simple contract upon the claw-back of the commission.

Ongoing Suitability

Investments

The firm’s services do not include ongoing suitability assessments. The rationale for this decision will be provided to you, the client, through a separate communication.

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 which may result in you having insufficient cover and/or inappropriate investments. We would therefore advise that you contact us to ensure that you are provided with up-to-date advice and products best suited to your needs.

Consumers: Duty of Disclosure when completing documentation for new business

Section 14 (1) – (5) of the Consumer Insurance Contracts Act which is effective from the 1st September 2021 alters consumers duty of disclosure:

You are required to answer all questions posed by us or the insurer honestly and with reasonable care – the test will be that of the ‘average consumer’. Average consumer as per Directive No 2005/29/EC of the European Parliament and of the Council of 11 May 2005 is reasonably well informed and reasonably observant and circumspect, considering social, cultural, and linguistic factors.

Before renewal of the contract of insurance, specific questions will be asked. Again, you will be required to answer honestly and with reasonable care. Where you do not provide additional information (after being requested to do so) it can be presumed that the information previously provided remains unchanged.

Failure to answer all questions honestly and with reasonable care can result in the Insurer being able to rely on proportionate remedies for misrepresentation, which include but are not limited to the insurer voiding the contract of insurance. If a policy is cancelled by an insurer for any reason including payment default you may encounter difficulty in purchasing insurance in the future.

Specific questions will be asked. Where you do not provide additional information (after being requested to do so) it can be presumed that the information previously provided remains unchanged.

An insurer may repudiate liability or limit the amount paid on foot of the contract of insurance, only if it establishes that non-disclosure of material information was an effective cause of the insurer entering into the relevant contract of insurance and on the terms on which it did.

Completed proposal forms

Completed proposal forms will be provided to you. This is an important document as it forms the basis of the insurance contract between the insurer and you the consumer. You should review and confirm that the answers contained within are true and accurate.

Conflict of interest

Where an unavoidable conflict of interest arises, we will advise you of this in writing before providing you with any service. In accordance with our remuneration policy, we receive payment from the companies and lenders with which we hold agencies for business transacted through us.

Defaults on Payments by Clients

We reserve the right to take appropriate legal action to recover any fees owed by clients for services delivered. If mortgage repayments are not maintained, the lender may demand early repayment of the outstanding loan together with any interest due. Your home may be at risk if you fail to keep up the agreed repayments.

Handling of Client Payments & Receipts

All cheques and other negotiable instruments relating to life assurance, pension or investment business should be made payable directly to the relevant product provider. We will provide a receipt for every payment received, which should be retained securely for your records and protection. We take all reasonable steps to forward client funds to the appropriate product provider promptly and are not permitted to accept cash. Submission of a completed proposal to us does not, by itself, mean that a policy has commenced. Cover takes effect only after the provider confirms that the policy is in force or, in the case of a loan, once the lender confirms that funds have been drawn down.

Complaints Handling Procedure

If you make a complaint verbally, we will offer you the opportunity to have it considered under our formal complaints procedure. Complaints may also be submitted in writing, either by post or electronically. Indigo Investment Group maintains a documented process for receiving, recording and managing complaints. Under this process, each complaint will be formally recorded and acknowledged within five working days. We will investigate the matter fully and provide the complainant with progress updates at intervals of no more than 20 working days. Our aim is to complete the investigation and resolve the complaint within 40 business days. Written complaints should be addressed to Eoin Macken, Indigo Investment Group, The Greenway, 112–114 St Stephen’s Green, Dublin 2. If you are dissatisfied with how your complaint has been handled or with our final response, you may refer the matter to the Financial Services and Pensions Ombudsman, Lincoln House, Lincoln Place, Dublin 2. A complete copy of our complaints procedure is available on request and, where applicable, on the firm’s website.

Data Protection

Indigo Investment Group complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 1988-2018. Indigo Investment Group is committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client. The data will be processed only in ways compatible with the purpose for which it was given and as outlined in our Data Privacy Notice; this will be given to all our clients at the time of data collection. We will ensure that this Privacy Notice is easily accessible. Consumer responsibilities arising out of the Consumer Insurance Contracts Act 2019 which was implemented to protect consumers. Non-Consumer Commercial clients have no duties and rights under this Act, and therefore the following sections do not apply to them.

New Business & Renewal

A consumer may cancel a contract of insurance, by giving notice in writing to the insurer within 14 working days after the date the consumer was informed that the contract is concluded. The insurer cannot impose any costs on the consumer other than the cost of the premium for the period of cover. (This does not affect notice periods already in place, including 30 days in respect of life policies under the relevant legislation).

The giving of notice of cancellation by you will have the effect of releasing you from any further obligation arising from the contract of insurance. The insurer cannot impose any costs on you other than the cost of the premium for the period of cover.

This right to cancel does not apply where, in respect of life insurance the contract is for a duration of six months or less. The consumer is under a duty to pay their premium within a reasonable time, or otherwise in accordance with the terms of the contract of insurance. A court of competent jurisdiction can reduce the pay-out to the consumer where they are in breach of their duties under the Act, in proportion to the breach involved.

Post-Contract Stage & Claims

An insurer may refuse a claim made by the consumer under a contract of insurance where there is a change in the risk insured, including as described in an ‘alteration of risk’ clause, and the circumstances have so changed that it has effectively changed the risk to one which the insurer has not agreed to cover. Any clause in a contract of insurance that refers to a ‘material change’ will be interpreted as being a change that takes the risk outside what was in the reasonable contemplation of the contracting parties when the contract was concluded. The consumer must cooperate with the insurer in an investigation of insured events including responding to reasonable requests for information in an honest and reasonably careful manner and must notify the insurer of the occurrence of an insured event in reasonable time. The consumer must notify the insurer of a claim within reasonable time, or otherwise in accordance with the terms of the contract of insurance. If the consumer becomes aware after a claim is made of information that would either support or prejudice the claim, they are under a duty to disclose it. (The insurer is under the same duty). If the consumer makes a false or misleading claim in any material respect (and knows it to be false or misleading or consciously disregards whether it is) the insurer is entitled to refuse to pay and to terminate the contract. Where an insurer becomes aware that a consumer has made a fraudulent claim, they must notify the consumer advising that they are voiding the contract of insurance. It will be treated as being terminated from the date of the submission of the fraudulent claim. The insurer may refuse all liability in respect of any claim made after the date of the fraudulent act, and the insurer is under no obligation to return any of the premiums paid under the contract.

Distance Marketing Information

Information about your Distance Contract under the European Communities (Distance Marketing of Consumer Financial Services) Regulation 2004 (the ‘Regulations’).

Your right to cancel

The Regulations give clients the right to withdraw from financial services contracts entered through distance selling. If specified conditions are fulfilled the client has the right to cancel the contract within the cancellation period. This terminates the contract from the notice of termination being given. The cancellation period begins on the date of the conclusion of the contract and ends 14 days from that date. For life assurance contracts the cancellation period runs from the date the client is informed that the contract has been concluded and is 30 days instead of 14. For mortgages a client does not have the right to cancel the contract once funds have drawn down for a housing loan, but clients may repay a house loan early.

Indigo Investment Group will accept a cancellation notice from a client by post, or email which will be forwarded as soon as possible to the relevant provider.

Where a client cancels a life assurance contract, the provider will refund any sum paid by the client as soon as possible provided the cancellation request was received within 30 days of the conclusion of the contract.

Investor Compensation Scheme

The Investor Compensation Act, 1998 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 that Act. The Investor Compensation Company Ltd. (ICCL) was established under the 1998 Act to operate such a compensation scheme and our firm is a member of this scheme. Compensation may be payable where money or investment instruments owed 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 that the firm is not able to return client money or investment instruments owned or belonging to the clients of the firm; and
• To the extent that the client’s loss is recognised for the purposes of the Act.

Where an entitlement to compensation is established, the compensation payable will be the lesser 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 the Investor Compensation Company Ltd at (01) 224 4955.

Credit Policy

We regret that credit cannot be extended to clients in respect of premiums, initial, renewal or additional. Initial or first premiums must be paid at inception of cover and renewal premiums before the policy renewal date otherwise the Company will advise the insurance undertaking or product producer involved and cover will be cancelled.

October 2026