Part 6: Final Provisions and Revocations
418. Revocations
(1) The following are revoked:
- Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Licensed Moneylenders) Regulations 2020 (S.I. No. 196 of 2020);
- Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Insurance Requirements) Regulations 2022.
(2) The revocation of the Consumer Protection Code as amended, the Code of Conduct on Mortgage Arrears as amended, the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Licensed Moneylenders) Regulations 2020, or the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Insurance Requirements) Regulations 2022 does not -
- affect any direction given by the Bank, investigation undertaken, or disciplinary, sanctioning or enforcement action undertaken by the Bank or any other person, in respect of any matter in existence at, or before, the time of the revocation, or
- preclude the taking of any legal proceedings, or the undertaking of any investigation, or disciplinary, sanctioning or enforcement action by the Bank or any other person, in respect of any contravention of an enactment or requirement imposed under an enactment, or any misconduct which may have been committed before the time of the revocation.
419. Amendments
(1) Regulation 4(c) of the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Housing Loan Requirements) Regulations 2022 is substituted with the following:
"(c) without limiting the generality of paragraph (b), a housing loan entered into as part of the mortgage arrears resolution process described in provision 16 of the Code of Conduct on Mortgage Arrears issued by the Bank or as part of the mortgage arrears resolution process described in Regulation 238 of the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Consumer Protection) Regulations 2025."
(2) Regulation 4(3) and (4) of the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2023 (S.I. No. 10 of 2023) is substituted by the following:
"(3) An investment firm shall -
- not change its name without the prior written approval of the Bank,
- (b) notify the Bank within 5 working days, in writing, of any change to the investment firm’s registered office address, postal address, telephone number or email address,
- (c) where issuing correspondence relating to regulated activities, state on the investment firm’s headed paper that it is regulated by the Bank, and
- (d) take appropriate steps to mitigate the risk that a customer will understand an activity to be, or to carry the protections of, a regulated activity where this is not the case, including through clearly distinguishing between the firm’s regulated activities and its unregulated activities.
(4) An investment firm shall not provide the Bank, in purported compliance with supervisory and regulatory requirements, with information which it knows or ought reasonably to know to be false or misleading in a material respect.
(5) In this Regulation –
"regulated activities" means the provision of financial services, including financial products, that are provided in this State by an investment firm and which are subject to the regulation of the Bank;
"unregulated activities" means the provision of services of a financial nature, which are not otherwise regulated activities, to consumers in the State."
420. Failure to comply with these Regulations
A failure by a regulated entity to comply with any requirement or obligation imposed pursuant to these Regulations is a prescribed contravention for the purpose of the administrative sanctions procedure under Part IIIC of the Act of 1942 and may be subject to enforcement action and the imposition of administrative sanctions by the Bank in accordance with that Part.
Please note that this is a publication prepared by Central Bank of Ireland for ease of reference only. It is not a legal document. While every care has been taken in the preparation of this publication, Central Bank of Ireland can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. This publication is not legal advice and is not a substitute for the relevant legislation. Errors or omissions brought to the notice of the Central Bank will be corrected as soon as practicable. Please contact [email protected] in this regard.
Schedule 1: Summary statement on variable mortgage interest rates
Regulation 172(4)(d)
Variable Rate Policy Statement
[Note to regulated entities: Warning statements must be in compliance with Regulation 45 i.e. in a box, in bold type and of a font size that is at least equal to the predominant font size used throughout the summary statement.]
[Include the following warning statement:
“Warning: We may change the interest rate on this loan. This means the cost of your monthly repayments may increase or decrease.”]
What do we consider when setting our variable interest rates?
[Include the following information:
(a) the factors and criteria that the regulated entity uses in making a decision on the setting or changing of the variable interest rate. For example, where factors and criteria such as credit risk, cost of funds, operational costs, regulatory requirements, competitive position and environment, profitability and business strategy are relevant, include these factors and criteria in a manner that seeks to explain these factors and criteria in an informative and non-technical manner;
(b) a statement outlining that variations/changes in the factors and criteria stated under this heading could result in changes to the variable interest rate.]
How do we make decisions when setting variable interest rates?
[Include information on the governance processes and procedures applied by the regulated entity in setting the variable interest rate. Explain these processes and procedures at a high level using non-technical terms with a focus on the level within the regulated entity at which decisions are made and their frequency on both a normal and extraordinary basis.]
Why do we have different variable interest rates?
[Set out the circumstances when the regulated entity applies different variable interest rates to different cohorts of personal consumers and the reasons why different rates apply to those consumer cohorts.]
Could you get a different type of interest rate or a lower interest rate?
[Encourage the personal consumer to consider their mortgage options on a regular basis, note where information on alternative options with the regulated entity is available (e.g. a website address or hyperlink to the relevant section of the regulated entity’s website), and encourage the personal consumer to contact the regulated entity if they consider that there may be a better offer available for them, explaining how the personal consumer can do so.]
Instructions to regulated entities when completing their Variable Rate Policy Statement
Draft the statement in a clear, consumer friendly manner and in plain English.
Before providing the Variable Rate Policy Statement to personal consumers or publishing it on its website, the regulated entity shall first conduct consumer testing on the content to ensure that the content is clear and easily understood.
Schedule 2: Information notice (number 1) (high cost credit provider)
Regulation 207
Information notice
✓If you require this credit to pay for accommodation, food, electricity, heating, medication or other similar costs, availing of credit from a high cost credit provider may not be in your best interests. You can find more information on the Money Advice and Budgeting Service website at www.mabs.ie, including in relation to the debt counselling services of the Money Advice and Budgeting Service. [Insert the contact details for the Money Advice and Budgeting Service and information on any relevant charities which have notified the high cost credit provider that they may be able to assist consumers through the provision of emergency funds or items to meet their immediate basic needs.]
✓If you would like to take time to consider your options prior to completing a credit application further, please do so. However, you can proceed with your credit application if you wish. If you choose not to proceed with your credit application today, you can contact us again should you wish to discuss future credit.
Schedule 3: Information notice at premises (number 2) (high cost credit provider)
Regulations 210 and 211
Information notice about credit from a licensed high cost credit provider
Warning: This is high-cost credit.
[Name of high cost credit provider] is the provider of high-cost credit.
Consider alternative options before applying for this credit, including alternatives from other lenders regulated by the Central Bank of Ireland.
For example:
✓ Shop around in order to know whether you can obtain credit on terms better suited to you.
✓ If you are struggling to manage your finances, talk to your creditors to agree a payment plan and ask the Money Advice and Budgeting Service for help. You can find more information on the MABS website at www.mabs.ie.
✓ If you are in receipt of social welfare payments, you may qualify for additional financial support which may address your immediate financial needs. Contact your local citizens information office for more information.
[Our high cost credit agreements have an APR of [insert interest rate as APR] with a cost of credit of [insert cost of credit in euro] per €100 borrowed.
or
Our high cost credit agreements range from having an APR of [insert lowest interest rate product provided as APR] with a cost of credit of [insert lowest cost of credit in euro] per €100 borrowed, to an APR of [insert highest interest rate product provided as APR] with a cost of credit of [insert highest cost of credit in euro] per €100 borrowed.
or in relation to running accounts
Our high cost credit agreements have a maximum APR of [insert interest rate as APR].]
Licensed high cost credit providers must assess your creditworthiness in accordance with regulatory requirements. Before providing credit, we will seek such information from you.
[Payments collected in person include a home collection charge. There are alternative collection methods that do not incur a charge, these are: [include details] [delete if not applicable]].
Schedule 4: Standard financial statement (mortgage borrowers)
Regulation 219 – definition of “standard financial statement”
[Note to regulated entities: Provided that the standard financial statement (SFS) meets the prescribed format, a regulated entity may improve the design and presentation of the SFS for the purpose of making the SFS more user-friendly for mortgage borrowers.]
Information to help you with completing the Standard Financial Statement (SFS)
Please read carefully
To complete the SFS, please use the Guide to completing a Standard Financial Statement published by the Central Bank and available on its website [insert “here” with relevant hyperlink].
We at [insert name of regulated entity] are committed to working with customers who are in or facing financial difficulties to find a solution where that is possible. Before you complete this Standard Financial Statement (SFS), please read the following information which will assist you with understanding the document.
What is this Standard Financial Statement?
This SFS helps you set out your financial situation. After you complete it, we will assess your information as part of the Mortgage Arrears Resolution Process (MARP). We will then explore what type of alternative repayment arrangement (ARA), from the options we offer, is appropriate and sustainable for your individual circumstances. While it may look like a lot of information to provide, we only ask for the information we really need to help us to assess your financial situation and find, when possible, a suitable solution for you.
Where can I find more information on the MARP?
- Our MARP booklet can be found [insert “here” with relevant hyperlink]. The MARP booklet also provides useful information where no alternative solution is offered to you.
- The Central Bank’s [guide to the requirements of Chapter 9 of Part 3] outlines your protections when experiencing difficulties with your mortgage and can be found [insert “ here (PDF 745.57KB)” with relevant hyperlink] (PDF 745.57KB).
What supports are available to help me complete the SFS?
Check our website for the range of the supports we provide [insert “here” with relevant hyperlink].
The Central Bank’s Guide to completing a Standard Financial Statement can be found [insert “here” with relevant hyperlink].
The Money Advice and Budgeting Service (MABS): MABS is a free, confidential and independent service which will help you to complete the SFS. They will talk you through the document and give advice about the supporting documents you may need to provide.
Call the MABS [insert “Helpline” or succeeding name of MABS Helpline] on [insert appropriate telephone number] and/or visit the website of MABS [insert “here” with relevant hyperlink].
Abhaile is a service to help homeowners find a resolution to home mortgage arrears. Depending on your situation, Abhaile provides vouchers for you to get financial advice, legal advice or insolvency advice and help from experts. The vouchers are available through MABS.
Mortgage to Rent (MTR) is a government scheme to help homeowners who are at risk of losing their homes due to mortgage arrears. The MTR scheme is a social housing option only available if you are eligible for social housing support and your mortgage is unsustainable.
For more information visit [insert “here” with hyperlink to relevant government website].
Other debt advisory services like a financial adviser
If you decide that you want a MABS adviser or a lawyer, accountant or financial adviser to act for you, we ask that you agree in writing for us to contact them. We will then work with them directly and no longer contact you except in relation to matters other than your arrears situation.
Other resources:
You can also check the website of the Competition and Consumer Protection Commission (CCPC) for useful information about loans and mortgages [insert “here” with hyperlink to CCPC website].
Who do I contact if I have a question?
If you have any questions, please contact us at [insert relevant contact details]. We have specially trained staff to deal with customers experiencing financial difficulties, and can help you with completing your SFS.
What’s in the SFS?
Please fill out all sections of the SFS fully and accurately and provide any documents that we may need to assess your financial circumstances. Any missing documents will slow down the assessment of your SFS. The Table below outlines the content of each section of the SFS along with key points for you to note.
For information, all the terms in blue are explained in Appendix 1 available at the end of this document. Please refer to this Appendix as you complete the SFS.
Appendix 2 provides a checklist of all documents which may be required to complete your SFS. Please note we may request additional documents from you if necessary to the assessment of your SFS.
[Note to regulated entities: In the following pages of the document, use blue font for text in square brackets marked with an asterisk. “Borrower” has the same meaning as the defined term “mortgage borrower”.]
Information To Be Provided
Section | This section asks for? | Tick when completed |
---|
Section A My details | Details about your personal circumstances, your name, address, occupation and the number of people living in your household. | [ ] |
Section B My mortgage | Details about your mortgage on your primary residence, that is, the residential property you occupy as your primary residence, or the only residential property you own. This section also helps you to better understand the key elements of your mortgage. | [ ] |
Section C My monthly income | Details on all your monthly income. | [ ] |
Section D My monthly household expenditure | Details of all your expenditure or outgoings, calculated on a monthly basis. Details of all expenses that may be incurred during the expected period of financial difficulty should be included in the SFS | [ ] |
Section E My monthly debt payments | Details about monthly amounts of all your other debt repayments (other than your mortgage repayment on your primary residence). | [ ] |
Section F My other properties | Details on properties you own which are not your primary residence. | [ ] |
Section G My other assets | Details of all other assets you own, either on your own or with someone else for example savings, cars, and shares. | [ ] |
Section H Summary of your SFS | This section will help you to review the figures you inputted in sections B, C, D and E. | [ ] |
Section A: My details |
---|
| | Borrower 1 | Borrower 2 |
A1 | Name | | |
A2 | [Correspondence address*] | | |
A3 | Property address (if different to correspondence Address) | | |
| | Please indicate preferred contact method | | |
A4 | Home telephone | | | |
A5 | Mobile | | | |
A6 | E-mail | | | |
A7 | Marital status | | |
A8 | Date of birth | DD/MM/YYYY | DD/MM/YYYY |
A9 | Total number of all persons in household | | |
A10 | No. and age of [ dependants*] | Dependant 1 Dependant 2 Dependant 3 Dependant 4 | | |
A11 | Are any of these dependants in third level education? [Yes/No] If Yes, please provide the number of expected years remaining. | | |
A12 | Are any of these dependants or persons living in the household without being a dependant financially contributing to the household on a monthly basis? [Yes/No] If Yes, please include the monthly contribution in field C8. | | |
A13 | Do any of these dependants have medical or care needs that have an impact on your financial situation? [Yes/No] If Yes, please include the monthly cost of any related medical expenses in field D4. | | |
A14 | Are you currently employed? [Yes/No] If you are self-employed, please provide details. | | |
A15 | What is your current occupation? If you are unemployed or retired, please include your previous occupation. | | |
A16 | Are you in permanent employment? [Yes/No] | | |
A17 | Name of current employer and your length of service | | |
A18 | For what reason(s) are you having, difficulty meeting your mortgage and/or other debt repayments? Please select all that apply. | [..] Unemployment [..] Reduced Income [..] Illness [..] Divorce/Separation [..] Bereavement [..] School/College Fees [..] Household bills [..] Other (Please specify) | [..] Unemployment [..] Reduced Income [..] Illness [..] Divorce/Separation [..] Bereavement [..] School/College Fees [..] Household bills [..] Other (Please specify) |
A19 | How long do you expect these difficulties to continue? (If you are not in a position to answer this question, please contact your mortgage provider to seek support on how to answer this question) | [..] 0-3 months [..] 3-6 months [..] 6-12 months [..] 12+ months | [..] 0-3 months [..] 3-6 months [..] 6-12 months [..] 12+ months |
Section B: My mortgage This section relates to the mortgage on your primary residence, that is, the residential property you occupy as your primary residence, or the only residential property in the State you own. |
---|
B1 | Mortgage provider | |
B2 | Mortgage Account Reference Number(s) | |
B3 | Account reference of any other mortgage account(s) on your primary residence (for example top-up account) | |
B4 | Total outstanding mortgage balance (€) (do not include arrears) This total should include the balances of B2 and B3 (if applicable) | |
B5 | Estimated current value of primary residence (€) | |
B6 | Monthly mortgage repayments due (€) | | H4 |
B7 | Monthly mortgage repayments being paid (€) | |
B8 | Remaining term of mortgage | |
B9 | Current Interest Rate (%) Is this rate fixed, or variable? Please select Variable for tracker rate. | | □ Fixed □ Variable □ Part fixed and part variable |
B10 | Arrears balance (€) (if applicable) | |
B11 | Is your mortgage currently [restructured*]? [Yes/No] | |
B12 | Do you have a Payment Protection Insurance policy? [Yes/No] | |
| | | | |
Section C: My monthly income If you face seasonal or irregular income, please engage with your mortgage provider for further assistance on completing this section. Please consult the SFS consumer Guide on how to calculate monthly income. |
---|
| | Borrower 1 | Borrower 2 | TOTAL € |
C1 | [Gross monthly salary*] (for self-employed please refer to Revenue Form 11) | | | |
C2 | [Net monthly salary*] (for self-employed please refer to Revenue Form 11) | | | |
C3 | Monthly social welfare benefits Please list under rows C3 a, b and c. | | | |
C3 (a) | Benefit (please specify) | | | |
C3 (b) | Benefit (please specify) | | | |
C3 (c) | Benefit (please specify) | | | |
C4 | Child Benefit | | | |
C5 | [Mortgage Interest Supplement*] | | | |
C6 | Working Family Payment | | | |
C7 | Maintenance received | | | |
C8 | [Other (please specify)*] | | | |
C9 | Monthly rental income (from other properties) (report figure from F5) | | | |
C10 | Monthly income from non-property assets (report figure from G7) | | | |
C11 | Total monthly income (sum of C2 to C10) | | | | H1 |
| | | | | |
Section D: My monthly household expenditure – Guidance The figures you include in section D are based on your household’s individual circumstances. When calculating the average monthly cost for each of the expenses, you should seek to include the examples of items listed below in your figure for ‘average monthly cost’. To calculate your monthly average costs consult the SFS Guide [here]. You only need to include costs that are relevant to your household. |
---|
| Expense | Examples of items to include in average monthly cost figure |
D1 | Food | Groceries, takeaways and eating out (restaurants, cafés, canteens) |
D2 | Clothing | Clothes and footwear |
D3 | Personal care | Personal hygiene, baby/infant costs and grooming items |
D4 | Health | Medicines and medical visits and appointments |
D5 | Household goods | Furniture, appliances, cleaning products |
D6 | Household services | Bin charges, household repairs and maintenance, local property tax, management fees, TV licence, TV channels and streaming services, bank charges or fees |
D7 | Communications | Phone (mobile and landline) and internet |
D8 | Education | Uniforms, books, school/college/course fees and contributions, extracurricular activities and costs linked to 3rd level accommodation. |
D9 | Transport | Petrol, motor tax, NCT, vehicle repairs and maintenance, parking and tolls, public transport costs (including school transport), taxis, rental costs |
D10 | Household Energy | Electricity and home heating |
D11 | Insurance and Pension | Any type of insurance, including motor, home, health, mortgage protection, payment protection, income protection, life assurance, pension contribution, where not deducted from salary at source. |
D12 | Savings | |
D13 | Social inclusion and participation | Social events, sports and hobbies, special occasions such as Christmas or any religious holidays and birthdays, and other events or activities |
D14 | Childcare | |
D15 | Rent | For example, in the case of separated borrowers, where one borrower is not living in the household and is paying rent for other accommodation. |
D16 | Other | Any other expenses not already captured. May include maintenance paid to spouse/child, costs associated with another property, elderly care, nursing home fees, carer fees, legal costs, children’s/ teenagers’ pocket money. |
Section D: My monthly household expenditure |
---|
Please read the guidance above before you fill in this section. |
| Average Monthly Cost € | Arrears (where applicable) € |
D1 | Food | | |
D2 | Clothing | | |
D3 | Personal care | | |
D4 | Health | | |
D5 | Household goods | | |
D6 | Household services | | |
D7 | Communications | | |
D8 | Education | | |
D9 | Transport | | |
D10 | Household energy | | |
D11 | Insurance and pension | | |
D12 | Savings | | |
D13 | Social inclusion and participation | | |
D14 | Childcare | | |
D15 | Rent | | |
D16 | Other (please specify) | | |
D17 | Total Monthly Expenditure (sum of D1 to D16) | | H2 | |
If there is any additional information not captured above that may impact your monthly expenditure, please include here [you may also use this text box to explain a high level of costs for certain items above]
|
Section E: My monthly debt payments |
---|
| Debt type | Monthly repayments | Remaining term | Total outstanding balance€ | Arrears balance€ | Provider |
| | | | | | |
|
|
E1 | [Court mandated debt*] (Please specify) | | | | | | |
E2 | Credit union loan | | | | | | |
E3 | Personal bank loan | | | | | | |
E4 | [High cost credit loan / moneylending loan*] | | | | | | |
E5 | Loans from family/friends | | | | | | |
E6 | [Hire purchase/PCP agreement*] | | | | | | |
E7 | [Credit card*] | | | | | | |
E8 | Mortgage repayments on other properties (see F5) | | | | | | |
E9 | [Revenue Debt*] | | | | | | |
E10 | [Other debt (please specify)*] | | | | | | |
E11 | [Other debt (please specify)*] | | | | | | |
E12 | [Other debt (please specify)*] | | | | | | |
E13 | Total (sum of E1 to E12) | | H5 | | | | | |
| | | | | | | | |
Section E: My monthly debt payments |
---|
| Debt type | Purpose of loan/debt | Is this debt [secured*] [Yes/No] | Is this debt currently [restructured*]? [Yes/No] |
E1 | [Court mandated debt*] (Please specify) | | | |
E2 | Credit union loan | | | |
E3 | Personal bank loan | | | |
E4 | [High cost credit loan / moneylending loan*] | | | |
E5 | Loans from family/friends | | | |
E6 | [Hire purchase/PCP agreement*] | | | |
E7 | [Credit card*] | | | |
E8 | Mortgage repayments on other properties (see F5) | | | |
E9 | [Revenue Debt*] | | | |
E10 | [Other debt (please specify)*] | | | |
E11 | [Other debt (please specify)*] | | | |
E12 | [Other debt (please specify)*] | | | |
E13 | Total (sum of E1 to E12) | | | |
Section F: My other properties (other than primary residence) This section relates to properties you own or partially own which are not your primary residence. When completing this section, please ensure the following: · The figures for monthly rental income and monthly expenditure should also be included in Sections C (My Monthly Income) and D (My Monthly Expenditure) · The figures for monthly mortgage repayments due and being paid should also be included in Section E (My Monthly Debt Payments) | |
| Property (include details below) | [Property type*] | [Ownership type*] | Estimated current value € | Loan balance € | Arrears balance € | Monthly rental income € | [Monthly expenditure*] | |
|
F1 | 1 | | | | | | | | |
F2 | 2 | | | | | | | | |
F3 | 3 | | | | | | | | |
F4 | 4 | | | | | | | | |
F5 | Total | | | C9 | | |
Section F: My other properties (other than primary residence) This section relates to properties you own or partially own which are not your primary residence. When completing this section, please ensure the following:
The figures for monthly rental income and monthly expenditure should also be included in Sections C (My Monthly Income) and D (My Monthly Expenditure) The figures for monthly mortgage repayments due and being paid should also be included in Section E (My Monthly Debt Payments) |
---|
|
---|
| Is this debt currently [restructured*]? [Yes/No] | Monthly mortgage repayments | Mortgage provider | Is this property currently for sale? [Yes/No] |
| | Due € | Being Paid € |
F1 | | | | | |
F2 | | | | | |
F3 | | | | | |
F4 | | | | | |
F5 | | | | E16 | |
| | | | | | |
My other properties (other than primary residence) |
---|
Property | Address | Date of purchase |
1 | | |
2 | | |
3 | | |
4 | | |
| Section G: My other assets |
---|
| Asset Type | Original cost/ value € | Estimated current value € | Net monthly income | Please give any relevant details |
G1 | Savings/deposits/current account | | | | |
G2 | [Shares*] | | | | |
G3 | Redundancy payment(s) | | | | |
G4 | Long-term investment (s) (for example, a pension fund) | | | | |
G5 | Other investment(s) | | | | |
G6 | Other assets (for example, vehicles, stock, machinery) | | | | |
G7 | Total (sum of G1 to G6) | | | | C10 | |
| | | | | | | |
Please list all other liabilities, for example any guarantees given with respect to company borrowing or borrowing by a family member.
Section H: Summary of financial situation (to be completed by the borrower) |
---|
H1 | Total Monthly Income (C11) | |
H2 | Total Monthly Expenditure (D17) | − |
H3 | Sub-Total (H1 minus H2) | = |
H4 | Monthly Mortgage Repayments Due (B6) | − |
H5 | Other Monthly Debt Repayments Due (E13) | − |
H6 | Total Surplus/Deficit (Take away H4 and H5 from H3) | = |
Signature Page
[All regulated entities must ensure that the signature page of the Standard Financial Statement (SFS) is compliant with applicable Irish and/or EU law.
Data protection law and requirements:
All regulated entities must include information for the borrower on the regulated entity’s obligations under applicable data protection law, for example, relating to the collection, processing and holding of the borrower’s information.
Consent requirements:
A regulated entity cannot deem a Standard Financial Statement to be incomplete where any optional consents have not been signed by the borrower.
It is the responsibility of a regulated entity to ensure that the signature page of the Standard Financial Statement includes any wording or requests for consent necessary to comply with applicable Irish and/or EU law.
Borrower’s declaration:
All regulated entities must request a declaration from the borrower confirming the accuracy of the information provided in the Standard Financial Statement.]
Appendix 1 - Glossary
Please find below useful guidance (terms explained and examples) to help you to complete your SFS.
|
Section A My details |
A2 | Correspondence address | This address will be used for all correspondence relating to this SFS. |
A10 | Dependant | A person who financially relies on you. |
Section B My mortgage |
B11 | Restructured | Select Yes if you have previously agreed with your mortgage provider to change the terms and conditions of your mortgage due to financial difficulties - for example reduced monthly payments. |
Section C My monthly income |
C1 | Gross monthly salary | Before tax and any other deductions at source |
C2 | Net monthly salary | If you have a deduction from your salary at source for example for health insurance, pension, credit union or Revenue payments do not include them again. |
C5 | Mortgage Interest Supplement | If you were previously eligible for and receiving this payment under the Mortgage Interest Supplement scheme, you should now receive it as part of the Supplementary Welfare Scheme. |
C8 | Other | For example pension, room rent (for primary residence), grants, financial contribution from dependants. Please do not repeat any monthly income already covered under previous headings. |
Section E My monthly debt payments |
| Secured | Select yes if a security for example a property, a vehicle or a guarantee is attached to the debt. |
| Restructured | Select yes if you have previously agreed with your loan provider to change the terms and conditions of your loan due to financial difficulties for example reduced monthly payments. |
E1 | Court mandated debt | For example, fines, instalment orders, judgements. |
E4 | High cost credit loan / moneylending loan | Typically small loans at a high rate of interest over a short period of time. |
E6 | Hire purchase/PCP agreement | Type of credit, often associated with car financing. Under a hire purchase (HP) agreement, you hire the car, pay an agreed amount usually in monthly repayments, and only become the legal owner of the car at the end of the agreement. The legal owner of the car is the finance company that gave you the money to buy the car and you cannot sell the car without the finance company’s permission. |
E7 | Credit cards | Including credit cards linked to shops. |
E9 | Revenue Debt | For example all arrangements you may have in place with the Revenue to pay taxes you were not in a position to pay fully. |
E10 E11 E12 | Other Debt | For example additional loans or credit cards, overdrafts, payment of arrears on utilities, Buy Now Pay Later or shop credit. |
Section F My other properties(other than primary residence) |
| Ownership Type | For example, sole or joint ownership. Where you do not 100% own a property, please state the % of the property that you do own. |
| Monthly Expenditure | For example, upkeep, maintenance, property tax. |
| Restructured | Select yes if you have previously agreed with your mortgage provider to change the terms and conditions of your mortgage due to financial difficulties for example reduced monthly payments. |
Section G My other assets |
G2 | Shares | For example, credit union shares, bank shares, employee share schemes. |
Appendix 2
Please see below list of all documents needed to support your SFS.
Please note we may request additional documentation if needed to assess your financial circumstances
Section | Documentation needed to complete this section (You only need to provide the documents relevant to your individual situation with your completed SFS) | Tick when completed |
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Section A My details | No document required to complete this section | [ ] |
Section B My mortgage | Your annual mortgage statement A statement from your mortgage provider showing the total left to pay on your mortgage A statement of mortgage payments or confirmation from your mortgage provider of the amount of monthly mortgage payment Your mortgage provider should be in a position to give you with all the above information, so please engage with your mortgage provider. Print out showing current estimated value of your property | [ ] |
Section C My monthly income | Employee: proof of income in the form of recent payslips Self-employed: audited or certified accounts, business account statements, personal tax return or tax balancing statement, Revenue Form 11 Unemployed: most recent social welfare receipt for each social welfare payment received Retired: proof of receipt and amount of monthly pensions Proof of receipt of maintenance payments Proof of other income (see also Section F and Section G) Proof of monthly financial contribution received from dependants and/or non-dependants living in the household (for example bank statements). | [ ] |
Section D My monthly household expenditure | Recent Bills (electricity, gas/oil, internet, telephone landline, mobile) Documents proving the amount spent on childcare and/or elderly care Proof of insurance (including motor, home, health, mortgage protection, payment protection, income protection, life assurance) and pension payments (pension contribution not deducted from salary at source) Proof of maintenance payments Proof of rent paid | [ ] |
Section E My monthly debt payments | Proof of any court payment due Statement related to any loans you have (credit unions, personal loans, credit cards, overdrafts, PCP/hire purchases) Statements should include the amount outstanding, the payments being made, the time left on each loan, the arrears balance, the reason for the loan | [ ] |
Section F My other properties | Print outs showing estimated value of your properties Statement from your mortgage provider showing the full amount left to pay on each mortgage Statement of arrears on your mortgage accounts Proof of rental income Statement of mortgage payments or confirmation from your mortgage provider(s) of the amount of monthly mortgage payment | [ ] |
Section G My other assets | Receipts and/or statements of purchase price for any asset Statement of current estimated value | [ ] |
Schedule 5: Standard financial statement (debt management)
Regulation 286 – definition of “standard financial statement”
[Note to regulated entities: Provided that the standard financial statement (SFS) meets the prescribed format, a regulated entity may improve the design and presentation of the SFS for the purpose of making the SFS more user-friendly for consumers.]
Information to help you with completing the Standard Financial Statement (SFS)
Please read carefully
To complete the SFS, please use the Guide to completing a Standard Financial Statement published by the Central Bank and available on its website [Insert “here” with relevant hyperlink].
For information, all the terms in blue are explained in Appendix 1 available at the end of this document. Please refer to this Appendix as you complete the SFS.
Appendix 2 provides a checklist of all documents which may be required to complete your SFS. Please note we may request additional documents from you if necessary to the assessment of your SFS.
[Note to regulated entities: In the following pages, use the document prescribed in Schedule 4 to these Regulations, excluding the information in that document entitled “Information to help you with completing the Standard Financial Statement (SFS)”, and use blue font for terms in square brackets marked with an asterisk.]
Schedule 6: Information to be provided to consumer in respect of debt management services
Regulation 288
INFORMATION TO BE PROVIDED TO CONSUMER
The following information, which is to be communicated to a consumer before entering into a contract for the provision of debt management services, shall be provided in a clear and accurate manner and on paper or on another durable medium. The title shall appear prominently at the top of the first page of the document followed by the explanatory statements.
WHAT YOU SHOULD KNOW ABOUT DEBT MANAGEMENT SERVICES
This document provides you with key information about debt management services. It is not marketing material. The information is required to help you understand the nature of this service and the risks of using the service. You are advised to read it so that you can take an informed decision about whether debt management services are suitable for your personal circumstances. You can engage with your creditors directly at any point in the process.
WE WILL CHARGE YOU FOR OUR SERVICES BUT THERE ARE SOURCES OF FREE DEBT ADVICE AND SERVICES
The Money Advice and Budgeting Service (MABS) offers free advice for people in debt, or in danger of getting into debt, in Ireland.
MABS can be contacted at its [insert “Helpline” or succeeding name of MABS Helpline] [insert appropriate telephone number] which operates [insert Monday to Friday or applicable range of days] [insert times that MABS are available] or by email at: [insert [email protected] or succeeding email address].
For details of your nearest office, visit the Contact MABS area of its website at: MABS.ie.
OUR SERVICE COMMITMENT TO YOU
[Insert if relevant: WE CANNOT MAKE PAYMENTS TO YOUR CREDITORS ON YOUR BEHALF
We are not authorised to hold your funds or make payments on your behalf. If an arrangement is agreed with your creditor(s), it will be your responsibility to make the revised payments to the creditors].
YOU WILL KNOW THE TOTAL COST TO YOU OF ANY FEES AND CHARGES ASSOCIATED WITH THE SERVICE
Our fee and charges will be applied as follows:
[Insert details of the basis on which fees and charges will be calculated and on the precise services that will be provided for each of those fees and charges]
[Insert if relevant: YOUR ADVISOR WILL GO THROUGH A FULL FINANCIAL ASSESSMENT PROCESS WITH YOU WHICH WILL COVER ALL THE OPTIONS FOR DEALING WITH YOUR DEBT]
Your advisor will use a standard financial statement to obtain financial information from you.
You must ensure that all information about your personal and financial circumstances which you supply as part of the financial assessment is accurate.
[Insert if relevant: Your advisor will consider the debt management options available to you.
YOU WILL RECEIVE A STATEMENT OF ADVICE
This statement of advice will provide you with details of a proposed course of action for you and explain why this proposed course of action is suitable and affordable for you.
How the proposed options work as well as any actual or potential consequences of the proposed course of action will be explained to you in the statement of advice.]
[Insert if relevant: AS YOU ARE AVAILING OF DEBT MANAGEMENT SERVICES ONLY IN RESPECT OF NEGOTIATION BETWEEN US AND YOUR CREDITORS, WE WILL NOT CONSIDER ALL THE OPTIONS FOR DEALING WITH YOUR DEBT AND YOU WILL NOT RECEIVE A STATEMENT OF ADVICE.]
OTHER INFORMATION YOU SHOULD BE AWARE OF
- You may be responsible for undertaking the actions proposed and you may engage a third party to assist you.
- Your creditors are not obliged to accept reduced repayments or freeze interest or charges.
- Your creditors’ collection activities may continue even though you have engaged a debt management firm.
- If you cancel payments to your creditors, you will be in breach of your agreement with them and your account(s) will go into arrears or further into arrears.
- If you reduce your payments it may mean it takes longer to pay off your creditors and you may pay more than if you paid over a shorter term.
- If you undertake a proposed course of action it may affect your credit rating, which may limit your ability to access credit in the future.
- If you are a property owner, as part of any arrangement, you may be required to sell or re-mortgage your property to pay off some or all of your debts. Your ability to do so may be restricted and a mortgage may only be offered at a higher interest rate.
- If you are a property owner, failure to make the negotiated payments to creditors could result in you losing your home.
IF YOU WANT TO STOP USING OUR SERVICES AT ANY STAGE YOU MAY DO SO
If you wish to stop using our services, you can notify the firm that this is the case.
If you stop using our services, any outstanding charges will be payable as follows:
[Insert a description of how any outstanding charges for services provided will be dealt with if the consumer ceases using the service]
IF YOU ARE NOT HAPPY WITH SERVICE YOU RECEIVE FROM US, YOU HAVE THE RIGHT TO COMPLAIN
If you are not happy with the services we provide to you, you have the right to make a complaint to us. This will be handled in accordance with our complaints handling process.
If your complaint is not resolved to your satisfaction, you have the right to refer your complaint to:
Financial Services and Pensions Ombudsman,
[Insert Financial Services and Pensions Ombudsman’s address].
Telephone: [Insert telephone number(s) of the Financial Services and Pensions Ombudsman]
Schedule 7: Key features document for tracker bonds
Regulation 376(1)
KEY FEATURES DOCUMENT FOR TRACKER BONDS
HOW DOES THE [INSERT NAME] TRACKER BOND WORK?
This section shall include the following information:
- the name and address of the product producer(s);
- a brief description of the benefits promised by the tracker bond to the consumer, including the promised payment which applies. The compound annual rate equivalent of the promised payment, related to the total investment amount, must be shown;
- if there is a risk that the consumer may lose some or all of the money invested, a statement of this risk;
- if there is a risk that the consumer will not achieve the estimated or anticipated return on his or her investment, a statement of this risk;
- if averaging and/or any lock-in provisions can impact negatively on the promised benefits, as compared with an identical investment without such benefits, the way in which such an averaging or lock-in provision can lead to reduced return on his or her investment, which shall be disclosed prominently;
- whether or not the tracker bond will benefit from dividends payable on the underlying shares. If the tracker bond will benefit from such dividends, a clear statement of the extent to which the tracker bond will benefit. If the tracker bond will not benefit from such dividends, a clear statement that the tracker bond is suitable only as a capital growth investment;
- if the relevant credit institution or insurance undertaking benefits from any dividend or interest income arising from the investment used to secure the cash bonus promised to the consumer, a statement of this fact;
- if there is any currency risk, interest rate risk and/or price volatility risk to the consumer, in relation to the benefits promised, a statement of this risk;
- the period to the date of the promised payment;
- if the tracker bond is guaranteed, the level, nature, extent and limitations of the guarantee and the name of the guarantor;
- if the tracker bond involves leveraging, a statement of the effects.
WHERE DOES MY INVESTMENT GO?
This section shall show clearly the split of the investment amount (or a typical investment amount for this type of product if the disclosure is being made on a provisional or generic basis) into three components:
1. the open market value, at the date of investment, of the payment promised to the consumer;
2. the open market value, at the date of investment, of the cash bonus promised to the consumer; and
3. charges representing the balance.
The implied compound annual rate of the amount promised to the consumer, relative to the total investment amount, should also be stated prominently.
The disclosure shall take the following format:
Your proposed investment of €xx,xxx will be used, at the date of investment, as follows:
€xx,xxx, or xx%, will be used to secure the promised payment of €xx,xxx payable after yy years and mm months. This is equivalent to a promised return on this part of your investment of xx% pa, before tax is deducted.
€xx,xxx, or xx%, will be used to secure the cash bonus which may be payable after yy years and mm months.
€xx,xxx, or xx%, will be taken in charges. If applicable, intermediary remuneration must be disclosed in this section.
€xx, xxx Total
If the cash bonus is zero, the promised payment will represent a return of x.x% pa, on your total investment over the period to the date of the promised payment, before any tax is deducted.
Where relevant, insert an explanation that the consumer’s return on his or her investment will be capped/limited. This explanation should clearly set out that the excess of any earnings over the cap/limit will be retained by the product producer and / or a third party.
The open market value referred to above is the open market cost of the benefit promised to the consumer at the date of investment, net of the value of any commission or other reward or benefit payable to the credit institution or insurance undertaking and/or a connected party to that credit institution or insurance undertaking.
DO I HAVE ACCESS TO MY INVESTMENT?
In this section, the consumer shall be informed of the limited nature of the promised payment, e.g. that it is payable on one specified date only. This section shall also include the following information:
- whether or not the consumer can get access to part or all of their investment, before the date of the promised payment;
- if access is provided before this date, whether the encashment will be on promised terms or not;
- whether or not the consumer is likely to suffer a penalty or financial loss if access is provided to part or all of their investment, before the date of the promised payment.
WHAT HAPPENS IF I DIE BEFORE THE TRACKER BOND MATURES?
This section shall include the following information:
- the circumstances, if any, in which the tracker bond may or must be encashed on death and the procedure for encashing it on death, if this is allowed;
- the benefit payable on encashment of the tracker bond on death, when this benefit is payable, how this benefit is calculated, and whether there is any promised level of benefit payable on death.
WHAT ABOUT TAX?
This section shall include the following information:
- the tax that may be deductible by the regulated entity from benefits payable;
- the circumstances, if any, in which the tax referred to above, may not be deductible from the benefits payable;
- a general statement that a consumer should satisfy themselves in relation to revenue reporting requirements and the implications of non-disclosure where required.
Schedule 8: Information to be provided to consumer in respect of Personal Retirement Savings Account
Regulation 378(1)
PRSA (PERSONAL RETIREMENT SAVINGS ACCOUNT)
WHAT IS A PRSA?
A PRSA is a way of helping people provide for their retirement by saving now. It is a long-term investment product sold by financial institutions and intermediaries. It allows you to create a pension fund for yourself when you retire; you can vary the amount you pay into it over time and, if you change employment, you can continue to use the same PRSA. You can switch from one PRSA to another at any time free of charge.
Types of PRSA:
There are two types of PRSA:
- Standard PRSA – where the charges you have to pay are capped i.e. there is a maximum level of charges allowed and where there are certain investment restrictions on how your money is invested.
- Non-Standard PRSA – where there is no maximum level of charges and there are fewer investment restrictions.
DO YOU NEED A PRSA?
To see if you need a PRSA you should ask yourself some questions:
- Can you join an existing pension scheme in your job? You should find out if there is a good scheme available to you through your job. If not, you will need to consider making provision for your retirement and should consider a PRSA. If you already have good pension arrangements you may not need to make any additional provisions or you may be able to top-up your benefits through making Additional Voluntary Contributions (AVCs).
- What if you are in a Defined Benefit Scheme? If you have a defined benefit pension scheme – a pension related to your salary, for example, two thirds of final salary on retirement – you may not need to make any further pension provisions or you may already have a facility to make additional voluntary contributions (AVCs). Transferring from a defined benefit scheme into a PRSA involves a risk and should only be done after very careful assessment of your financial position and the advantages/disadvantages for you – you will be foregoing a defined salary related pension in retirement for an uncertain income.
- What if you are in a Defined Contribution Scheme? If you are in a defined contribution scheme you are already carrying the investment risk – your pension will depend on the contributions you make together with the investment performance of your fund less the charges involved. But your employer may be making a contribution to the Scheme – would this contribution continue if you transferred into a PRSA?
- Should you start a PRSA if you already have a Personal Pension Plan? You will need to take professional advice based on your personal circumstances.
WHAT TYPE OF PRSA IS BEST FOR YOU?
A Standard PRSA is likely to meet the requirements of most people. You cannot be charged more than the maximum level of charges allowed (5% of contributions paid and 1% per year of the PRSA assets).
The level of charges is very important. Charges reduce the fund you can build up. The size of your fund on retirement will depend on your contributions and the Investment performance less the charges deducted. Investment performance cannot be predicted, but higher charges are just like a weight handicap in a horse race – creating a need to produce a better investment performance just to remain level with products carrying lower charges.
Charges on non-Standard PRSAs are not capped and, in most cases, may be higher than on Standard PRSAs.
A second difference between Standard and non-Standard PRSAs is in the way in which your money is invested. A Standard PRSA invests only in pooled funds, where the risk is spread across a large number and type of investments. A non-Standard PRSA can offer you a wider investment choice. If a non-Standard PRSA is offered to you on the basis of the investment choice it gives you, you need to be sure that you understand the investment choices, and that you understand why you need them. This is your pension, your income in your retirement years. If you do not understand how your pension will be invested then perhaps you should consider again if this particular product is the one for you.
You should keep the level of your contributions and the investment performance of your PRSA under regular review, so you can see if your PRSA will provide you with the pension you need.
BUYER BEWARE - WHAT TO LOOK OUT FOR
Where a non-Standard PRSA is being offered or recommended to you, make sure you understand the differences between this product and a Standard PRSA, in particular the charges and investment choices of each product.
Beware of suggestions of better returns on non-Standard PRSAs. Predicting investment performance is notoriously difficult.
Beware if it is suggested to you, or you are advised, to abandon an existing pension plan in favour of a new PRSA. Make sure that you understand the reasons why this would be the best course of action for you.
Schedule 9: Declaration in respect of Non-Standard Personal Retirement Savings Account
Regulation 378(2)
NON-STANDARD PERSONAL RETIREMENT SAVINGS ACCOUNT
DECLARATION
TO BE COMPLETED BY THE VENDOR (WHETHER PRODUCT PRODUCER OR INTERMEDIARY).
Name of consumer to whom a non-Standard PRSA has been offered or recommended:
(Print name in block capital letters)
Name of non-Standard PRSA offered to the consumer:
Name of non-Standard PRSA product producer:
- I declare that I have explained to this consumer that there are differences between a non-Standard PRSA and Standard PRSA, and focused on the fact that the charges may be higher and the investment risks are greater for this non-Standard PRSA.
- I declare that in my opinion it is in the best interest of the above named consumer to purchase this non-Standard PRSA.
- I declare that in my opinion the non-Standard PRSA I have offered/recommended to the above named consumer is the PRSA product most suited to this consumer from among all those I am able to provide.
Signature of Salesperson:
Name of Salesperson (in block capitals):
Position Held:
Name of Regulated Entity:
Date of completion of the declaration:
Explanatory Note
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of the Regulations is to prescribe Central Bank consumer protection requirements.
Financial service providers to which the Regulations apply are required to comply with the requirements which apply to their business.
The requirements generally apply in respect of customers in the State that are consumers (as defined). This is subject to certain exceptions.
Part 2 prescribes general consumer protection requirements applicable to in–scope financial service providers e.g. knowing the consumer and suitability assessment requirements.
Parts 3 to 5 prescribe requirements which apply to specific activities of in–scope financial service providers e.g. consumer banking, insurance and investments requirements.
The Regulations integrate, update and replace requirements from a number of Central Bank instruments e.g. the Consumer Protection Code as amended, the Code of Conduct on Mortgage Arrears as amended, the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Licensed Moneylenders) Regulations 2020 (S.I. No. 196 of 2020), and the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Insurance Requirements) Regulations 2022 (S.I. No. 126 of 2022).