The Central Bank does not regulate the provision of unregulated investments. Nevertheless, the Central Bank has provided guidance to the investment firms it regulates on what we expect when they sell unregulated products.
In summary, we expect firms to:
- Ensure they act fairly, professionally and in accordance with the best interests of their clients at all times
- Take all necessary measures to ensure clients are fully aware of the regulatory status of the product/service they are receiving
- Ensure that the terminology used does not imply the product and/or service is regulated or protected in any way where this is not the case
- Clearly disclose to clients when regulatory protections do not apply to the product or service provide
- Ensure the investment firm’s regulatory status is not used as a promotional tool
- Ensure all information on the firm’s website related to unregulated activities is clearly distinguished from regulated activities.
The European Securities and Markets Authority has also published information highlighting the risks arising from unregulated products.
We would encourage all investors to get professional advice to ensure they fully understand the investment product and the risks involved before investing in any unregulated product.
Even though the firm itself may be regulated by the Central Bank, not every product they sell may be covered by regulation. It is important that firms clearly distinguish their regulated business from any unregulated products they may provide.
If you deal with a firm that is regulated by the Central Bank they are obliged to explain to you whether the product they are providing or recommending to you is regulated or not, and you should ask them to explain this and the protections that apply if things go wrong.
If a firm is selling an unregulated product or service, they should ensure you understand the implications of purchasing an unregulated product. This should include explaining that the investor protections that apply for regulated investments, such as access to compensation schemes, client asset protections, and recourse to the ombudsman, do not apply to unregulated investments.
The names of some firms may be similar for their regulated and unregulated business, so it is important to confirm which firm you are dealing with, and its regulated status, before investing.
These investor protections are particularly important where a product does not perform as expected, and/or the investor may want to make a complaint. It is important that consumers understand, and are comfortable with, the level of investor protection that applies, before purchasing an unregulated investment product.