Financial

TERMS OF BUSINESS
Effective from August 11, 2025

LHK Kelleher Insurance Ltd T/A LHK Kelleher Insurance, LHK Financial and LHK Group
Dublin: Rosemount House, Dundrum Road, Co Dublin, D14 P924 Tel: 01 205 5600
Drogheda: 12 Trinity Street, Drogheda Co. Louth A92 RH63 ∙ Tel: 041 983 7660
Website: www.lhkgroup.ie Email :

This document outlines the basis on which LHK Kelleher Insurance Ltd. T/A LHK Kelleher Insurance, LHK Financial and
LHK Group (“the Firm”) will provide life insurance and pension business services to you as a client of the Firm. The
document also contains details of the regulatory and statutory obligations and the respective duties of both the Firm
and you in relation to such services. For clarity, throughout this document, “LHK Financial”, “we”, “us”, “the Firm”
or “our” all refer to LHK Kelleher Insurance Ltd. T/A LHK Kelleher Insurance, LHK Financial and LHK Group and will be
collectively referred to as “LHK Kelleher Insurance”.
This is an important document – please read it carefully and if you have any questions, please contact us. In the
absence of an agreement to the contrary, this document sets out the terms of our relationship with you (our client)
for the provision of life and pension services. These Terms of Business supersede any Terms of Business that may
have been previously issued by the Firm. If any material changes are made to these terms, we will notify you, in
advance of this change.

Authorisation with the Central Bank of Ireland

Our Firm is authorised by the Central Bank of Ireland (C4757) as an Investment Intermediary to provide investment
instruments, tracker bonds, PRSA’s and insurance policies under Section 10 of the Investment Intermediaries Act, 1995
as amended. Our firm is also registered as an Insurance Intermediary under the European Communities (Insurance
Distribution) Regulations, 2018.
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 1890 777 777 or alternatively visit their website at
www.centralbank.ie to verify our credentials.

Codes of Conduct

The Firm is subject to the following Codes of conduct issued by the Central Bank of Ireland. These Codes offer
protection to our clients and details of all the Codes can be found on the Central Bank website www.centralbank.ie:
• Consumer Protection Code,
• Minimum Competency Code,
• Fitness & Probity Standards
• Handbook of Prudential Requirements for Investment Intermediaries

Services Provided

We are authorised to advise you in relation to Financial Services products (including Investment products). We
research the products on your behalf with the Product Producers (Insurers) with whom we hold appointments, but
we do not guarantee and expressly disclaim responsibility for the financial security of Product Producers (Insurers).

We will identify and select suitable products on a fair & personal analysis basis from the Product Producers (Insurers)
and on receipt of your instructions, we will transmit orders on your behalf to one or more Product Producers
(Insurers), a list of which is available on request. This process applies to all classes of insurance, pension, investment
and savings products.

We provide advice in relation to:
• pension and personal pension plans
• Approved Retirement Funds (ARFs)
• Life assurance cover, serious illness cover, hospital cash cover, total and permanent disability cover, income
protection and other protection policies
• Single premium investments in both unit-linked and non-unit linked and other collective investment funds
• Regular contribution savings in both unit-linked funds and non- unit linked funds

Sustainability Factors – Investment/IBIPs/Pension Advice

Sustainable Finance Disclosure Regulation (SFDR) Compliance Statement
LHK Kelleher Insurance integrates sustainability risks and considers the principal adverse impacts of investment
decisions on sustainability factors when providing investment advice, in line with the Sustainable Finance Disclosure
Regulation (SFDR). As part of our product research and assessment process, we review the documentation provided
by Product Providers to evaluate and compare financial products, including those with environmental, social, and
governance (ESG) characteristics. We use relevant sustainability indicators and data disclosed by Product Providers to
inform our recommendations. Clients will be kept informed of relevant sustainability considerations as part of our
advisory process.

Insurance Intermediary Services

The concept of fair & personal analysis describes the extent of 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 the needs of a client.
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 their share of that
market. The extent of fair & personal analysis must be such that could be reasonably 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 & 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 who 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.

Investment Intermediary Services

Non-Insurance-Based Investment Products
We provide advice on a limited analysis and non-independent basis, as we may receive remuneration from the product
providers of such products. These products may include, but are not limited to, structured products, listed bonds and
shares, collective investment instruments, unit trusts, and tracker bonds.
We will identify and select suitable product producers and, on receipt of your instructions, transmit orders on your
behalf to one or more product producers (a list of which is available on request).

Insurance Business

We are not under any contractual obligation to conduct insurance business exclusively with any insurance
undertaking. We do not have a holding, direct or indirect, representing 10% or more of the voting rights or of the

capital in any insurance undertaking, and equally, no insurance undertaking holds any such voting rights or capital in
the Firm. We represent our customers when dealing with insurers.

Our Dealings with you

We request instructions in writing from our clients in order to avoid possible misunderstandings or disputes. Any advice
we give you will be in writing.

Regular Reviews

It is in your best interest that you review, on a regular basis, the products which we have arranged for you. As your
circumstances change, your needs will also change. You must advise us of any changes and request a review of the
relevant policy so that we can ensure that you are provided with up- to-date advice and a product best suited to your
needs. Failure to contact us in relation to changes in your circumstances or failure to request a review may result in
you having insufficient insurance cover and/or inappropriate products.

Also, failure to disclose material information or to maintain premiums on protection policies may result in loss of
cover, invalidate a claim, and render your policy void.

Conflicts of Interest

It is the policy of the Firm to avoid any conflict of interest when providing business services to our clients. However,
when an unavoidable conflict arises, you will be advised of this before any business service is provided. If you have not
been advised of any such conflict you are entitled to assume that none exists.

Remuneration and Charges

The Firm is remunerated by commission from product producers when business is placed with providers. For certain
life assurance, pension policies and PRSAs, the commission is outlined in the Customer Information Notice or
Preliminary Disclosure Certificate quotation provided to you and details are included in the policy documentation
issued by the provider. We may receive regular renewal/ fund-based commissions while your products remain in
force, and these contribute to the costs of our ongoing administration and consulting services that we provide to
you.
A non-monetary benefit will only be accepted if it enhances the quality of the service to our clients.
A summary of the details of all arrangements for any fee, commission or other remuneration paid or provided to us,
which we have agreed with product providers, is available on request and can also be found on our website:
www.lhkgroup.ie
Where clients wish to pay for our services by way of a fee, we will generally not receive commissions from providers,
or in some cases, commissions may be offset against fees chargeable. We reserve the right to amend these fees
should the complexity of the product require a higher fee. We will confirm and agree this fee with you prior to any
increased charge being applied.
Where clients have requested that we provide advisory services on a fee basis we will discuss, agree, and clearly
document the scope of work to be undertaken and the fees to be charged for this work prior to commencing any
engagement

Clawback

If we receive commission from a product provider and use it to reduce your fee, but the provider later takes back
(claws back) that commission because of something you do—like cashing in early or transferring your assets—we will
charge you a fee equal to the amount taken back. This fee will become due as soon as the commission is clawed back.

Financial Services – Life Assurance, Investments and Pensions

Life Assurance companies and some Product Producers provide products such as Life Assurance, Serious Illness Cover,
Income Protection, Savings, Investments, Pensions and PRSA’s. Depending on your individual circumstances, we may
provide you with advice in relation to the nature of these products and which product(s) may be suitable for your
needs. You may, however, have particular areas of interest; in this case, we will be happy to give specific advice. We
can give you a choice of different Life and Pension products from the Insurance Companies and Product Producers
with whom we hold an appointment. On your instruction we can receive and transmit orders for such products on
your behalf to these Insurers and Product Producers. With your agreement we may review the policies you take out
on a periodic basis to ensure that you are kept informed as to their benefit and to check whether they are still suitable
for your needs. Most Pension, Savings and Investments Contracts involve some form of risk. Unless specifically stated
in the Insurer’s or Product Producer’s Plan/ Policy documentation, the value of an investment is not guaranteed and
may fall as well as rise.
We will assist you with any queries you may have in relation to your plans/policies or in the event of a claim during
the life of same, we will explain to you the various restrictions, conditions and exclusions attached. However, it is
your responsibility to read the relevant documents, literature, and brochures to ensure that you understand the
nature of the policy cover; particularly in relation to Permanent Health/Income Protection Insurance and Serious
Illness.
In relation to Permanent Health/Income Protection Insurance policies it is our policy to explain to you:
• the meaning of disability as defined in the policy
• the benefits available under the policy
• the general exclusions that apply to the policy
• 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 which are
attached to that policy.

The Firm may be remunerated by the Insurance Company and Product Producers to whom orders are transmitted.
Details of these payments will be included in a product information document which you will receive before an
application form for a product is completed, and details will also be included with your cooling-off period letter.

When assessing products, we will consider the different approach taken by product providers in terms of them
integrating sustainability risks into their product offering. This will form part of our analysis for choosing a product
provider.

Default on payments by clients

The Firm will exercise its legal rights to receive any payments due to it from clients for business services provided by
it. Insurers and other product producers may withdraw benefits of cover or impose other penalties in the event of
default on payments due under policies arranged for you. We would refer you to policy documents or product terms
for the details of such provisions.

Issue of Receipts

When applicable, the Firm shall issue a receipt for each non- negotiable or negotiable instrument, or other payment
received for the purposes of transmitting an order or a deposit to a product producer.

Cancellation

You may cancel the contract of insurance by giving notice in writing to the insurer, within 14 working days after the
date you were informed that the contract is concluded. This does not affect the notice periods already provided
under European Union (Insurance and Reinsurance) Regulations 2015 ( S.I. No. 485 of 2015 ) or the European
Communities (Distance Marketing of Consumer Financial Services) Regulations 2004 ( S.I. No. 853 of 2004 ) which is
30 days in respect of life policies, irrespective of whether the sale took place on a non-face to face basis, and 14 days
in respect of general policies and only on sales that took place on a non-face to face basis (distance sales).

Complaints Procedure

We have a written complaints procedure for the effective handling of all complaints. Such complaints can be referred
to the Head of Compliance of our Firm at the office address/phone number. The Head of Compliance will also be
your contact point in relation to the ongoing investigation of your complaint. We will acknowledge receipt of your
complaint in writing within 5 business days. A written update will be issued to you in intervals of not more than 20
business days. A comprehensive response to your complaint will be issued within 40 business days of receipt of your
initial complaint.
In the event of failure to resolve your complaint, you may raise the matter with The Financial Services and Pensions
Ombudsman (FSPO). The FSPO is an independent office whose remit is to investigate, mediate and adjudicate
unresolved complaints from customers about financial service providers.

Contact:

Financial Services and Pensions Ombudsman
Lincoln House
Lincoln Place
Dublin 2
D02 VH29
Tel 01-567 7000
Email:
Our full complaints procedure is available on request.

Compensation Schemes/Client Protection

Investor Compensation Company Ltd (ICCL) Scheme

The Firm is a member of the Investor Compensation Scheme established under Section 38 of the Investor
Compensation Act 1998. The Act provides that compensation shall be paid to eligible investors (as defined in the Act)
to the extent of 90% of an investor’s net loss of €20,000, whichever is the lesser and is recognised as being eligible
for compensation.

Brokers Ireland Compensation Fund Ltd

As a member of Brokers Ireland, the Firm is also a member of the Brokers Ireland Compensation Fund Ltd. Subject to
the rules of the Scheme, the liabilities of its member firms up to a maximum of €100,000 per client (€250,000 in
aggregate) may be discharged by the Fund on its behalf if the member firm is unable to do so, where the above
detailed ICCL (established by law) has failed adequately to compensate any client of the member. Further details
are available on request

Data Protection

The Firm is subject to and complies with the requirements of the General Data Protection Regulation (GDPR) 2018 and
the Irish Data Protection Act 2018. We are 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 requirements 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 purposes for which it was given and as outlined in our
Privacy Statement; this will be given to all our clients at the time of data collection. We will ensure that this Privacy
Statement is easily accessible. Please refer to our website www.lhkgroup.ie . If this medium is not suitable, we will
ensure you can easily receive a copy by post. You have the right at any time to request a copy of any “personal data”
that our office holds about you and to have any inaccuracies in that information corrected.
From time to time, we may wish to use your personal information to advise you of products and services we offer. If you
wish to receive this information, please indicate it in the Client Acknowledgement Section below. Please contact us at
if you have any concerns about your personal data.
At LHK Kelleher Insurance, we take your data protection seriously and will only use your data as discussed with you
in our privacy statement. However, from time to time may wish to contact you in relation to specific products,
offers, services, and competitions we provide.
Please access the link below to update your marketing preference to ensure that we are aware of your agreed
methods of contact.
https://mailchi.mp/lhkgroup/marketing-consent
Please contact us at if you have any concerns about your personal data.

Governing Law

The law of the Republic of Ireland will govern the provision of the services covered by this document, and the Irish
courts will have exclusive jurisdiction over any dispute.

Clients in Vulnerable Circumstances

The Firm is responsible for remaining alert to any personal circumstances or signs that might suggest you need extra
support, and our team will take appropriate action to ensure you receive the necessary assistance. You may also
choose to inform us If your financial, health, or other personal circumstances require additional support.

Cooling Off Period – Consumer Insurance Contracts Act 2019

New Business and Renewal

If you have taken out a life insurance contract, you may cancel the contract by giving notice in writing to us within
30 days of the date you were informed the contract is on cover.
The 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.
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 right 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.

Consumers: Duty of Disclosure when completing documentation for new business/renewals and midterm
adjustments

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’1

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.

1 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, taking into account social, cultural and linguistic factors.

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

If you are ever in doubt about whether or not something needs to be disclosed, please discuss it with us.

Cancellation

You, the customer can cancel your policy by notice in writing at any time.

Product Producers (Insurers) normally reserve the right to cancel a policy at any time by sending written notification
to your last known address. For full details you should refer to the policy document. In the event of cancellation of a
policy, we will, on request, send you any documentation or provide you with any information to which you have an
entitlement.

Post-Contract Stage and Claims

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 both you and the insurer when the contract was
concluded.

You 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 a reasonable time.

You must notify the insurer of a claim within a 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 you make a false or misleading claim in any material respect (and know 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, and 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.

Anti-Money Laundering and Client Identification

The Firm reserves the right to request information which it needs to know in order to comply with the Criminal Justice
(Money Laundering and Terrorist Financing) Act 2010 as amended by the Criminal Justice (Money Laundering and
Terrorist Financing) (Amendment) Act 2021. These obligations include the following:
• To conduct client identity checks
• Maintain client identity and transaction records
• Report suspicions of a money laundering offence, an offence of terrorist financing or a compliance offence to
the Revenue Commissioners and the Garda Síochána
• To educate and train our staff in the above requirements and
• Implement procedures to prevent and detect money laundering
The obligation to check client identity means that we are likely to request from you and retain certain information and
documentation and for these purposes to make searches of appropriate databases. If satisfactory evidence of your
identity is not provided within a reasonable time, there may be circumstances where we will not be able to proceed
with the appointment.

In the event that we are obliged to make a report to the Revenue Commissioners and the Gardai, we are prohibited
under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended by the Criminal Justice
(Money Laundering and Terrorist Financing) (Amendment) Act 2021, from advising you that such a report has been
made.

This Terms of Business was last reviewed in August 2025

End of document