version 1.12 13th january 2016 - cantwell grove · 2016-01-15 · version 1.12 | 13th january 2016....

Version 1.12 | 13th January 2016

Contents

Company Details.. ...................................................................................................... 3

Company Structure .................................................................................................... 8

Fit & Proper Questions ............................................................................................... 9

Pension Liberation Statement ....................................................................................17

HMRC Enquiry and Pension Transfers .................................................................... 25

Enclosures ................................................................................................................ 29

Certificate Of Incorporation .............................................................................. 30

Memorandum Of Association ............................................................................32

Register Of Directors ......................................................................................... 34

Statement of Capital / Register Of Shareholders .............................................. 36

Data Protection - Certificate Of Registration ................................................... 38

CVs (MD / Head of Risk & Compliance / Head of Pensions Technical Services) .... 40

Audited Accounts .............................................................................................. 48

Mission Statement

Cantwell Grove’s aim is to provide high quality specialist pension scheme administration services to all clients, and to remain 100% compliant with all relevant regulatory bodies.

Overview

Cantwell Grove Limited are specialist providers of administration services for Small Self Administered Schemes (SSAS).

SSAS plans are subject to regulation by the Pensions Regulator, and are established by employers to provide retirement benefits for the member or members of the SSAS. They give the opportunity for greater control over retirement provision and allow for a wide range of investments that may be selected. There are also flexible options available as to how the retirement benefits are taken. As with other pension schemes in the UK, SSAS plans can enjoy certain tax advantages.

A SSAS is set up under a Trust and all members of a SSAS must also be a Trustee. There are certain legal requirements that must be met in relation to how the SSAS is set up and then operated. The trustee(s) have a duty to act honestly, prudently and in the best interests of the people who can benefit from the trust (the Beneficiaries). The trustee(s) must also ensure that the SSAS is properly administered and appropriate scheme records are kept.

Cantwell Grove, as Scheme Administrator, provide administration services to trustees to support them in fulfilling their role and responsibilities.

Cantwell Grove is registered with HMRC as a provider of pension scheme administration services. Cantwell Grove is a full member of the Association of Member-Directed Pension Schemes (AMPS). Cantwell Grove comply with the Data Protection Act 1998 and all other applicable laws, codes and regulations relating to the processing of personal data and privacy under English law as amended from time to time. Cantwell Grove is a corporate member of the Pensions Administration Standards Association (PASA).

The annual accounts of Cantwell Grove, audited by PricewaterhouseCoopers (PwC), are included at the end of this due diligence pack.

Company Details

General

Full Company Name: Cantwell Grove Limited

Incorporation Date: 18th June 2013

Registered Number: 8573429

Registered Address: The Old Registry, 6 Derby Road, Belper, Derbyshire DE56 1UU

Telephone: 01773 307200

E-Mail: [email protected]

Web: www.cantwellgrove.co.uk

Data Protection Act 1998: Information Commissioner’s Office registration reference ZA009320

Directors: Philip Donlan

Shareholders: Philip Donlan, 100% of the issued share capital

Issued Share Capital: £200,000

Accountants: Smith Cooper

Auditors: PricewaterhouseCoopers (PwC)

Solicitors: Addleshaw Goddard

Business Banking: Barclays

HMRC Scheme Administrator ID: A0126431

Association of Member-Directed Pension Schemes (AMPS): Full membership. Number AMPS302

Corporate Member of the Pensions Administration Standards Association (PASA)

Company Details

Services

The services of Cantwell Grove, which are updated from time to time, in relation to the SSAS in accordance with the Trust Deed, include the following: -

1. Register the Scheme with HMRC under Part 4 of the Finance Act 2004 (the Act) and any subsequent amendment and deal with any related HMRC queries.

2. Act as Scheme Administrator and carry out all the statutory obligations of the Scheme Administrator under the Act and the powers and duties of the Administration under the Trust Deed including:

(a) complying with statutory reporting requirements to HMRC;

(b) handling claims for tax relief on contributions to the Scheme and ensuring that valid claims for tax relief are submitted and allocating and reconciling tax relief payments received from HMRC, including the recovery of any tax relief deducted at source under the PRAS Regulations and income tax deducted from investment receipts; and

(c) administering contributions to the Scheme;

3. Administering transfer payments into the Scheme from, and from the Scheme to, other legally acceptable pension arrangements.

4. Opening, closing and managing the Scheme’s bank account(s) to which the Trustee is also a signatory.

5. Administering and reconciling all Scheme investment transactions and all payments to and from the Scheme.

6. Administering and arranging for the payment of benefits from the Scheme including lump sum death benefits, annuities and income drawdown.

7. Arranging for the safe keeping of appropriate Scheme records including records of members, benefits payable, contributions paid, investments bought and sold and documents of title or original legal documents.

8. Liaising with the Scheme Trustee and the Trustee’s adviser (if any) as required.

9. Handling statutory reporting requirements to the Pensions Regulator (in relation to the Scheme) and to Companies House (in relation to the Scheme’s sponsoring employer).

10. Responding to reasonable Trustee and member queries in relation to the Scheme.

11. Implementing pension sharing, earmarking and attachment orders.

12. Where applicable, taking all administrative steps necessary to complete the winding up of the Scheme (where a wind up is triggered).

13. The deduction of all tax and tax charges from the Fund or any payment due from the Scheme and accounting to HMRC for all tax due.

Company Details

Company Details

14. Dealing with any required data protection registrations.

15. Arranging payment of any statutory levies.

16. Arrange for payment of / deduction of Charges.

17. Obtain medical evidence required as a statutory precondition for payment of ill health benefits.

18. Deal with any other statutory disclosure requirements on behalf of the Trustee e.g. production of benefit statements.

19. Commission annual report and accounts or audited accounts for the Scheme (where required by law).

20. Provision of a trust deed and rules to establish the Scheme.

21. Ensuring the Trustee obtains proper advice as required by s.36 of the Pensions Act 1995.

Fees

The fees of Cantwell Grove, which are updated from time to time, are as follows: -

Set up fee

A fee of £750 exc VAT

Annual Management Charge (AMC)

A fee of £500 exc VAT shall be payable annually in advance for the provision of the Services.

Fees for additional services

As agreed between Cantwell Grove Limited and the Trustee

Increases to Fees

The AMC shall remain fixed for the first three years of the Administration Services Agreement. Thereafter, this will increase on the anniversary of the Commencement Date each year, in line with the increase to RPI over the preceding twelve month period.

Termination Assistance fees

A fee of £250 exc VAT

Company Details

Company Structure

Philip Donlan

Managing Director

Neil FaircloughHead of Risk and

Compliance

Technical ServicesScheme

Investments

Lisette Mason

Anna West

Alexandrea Hollingworth

Catherine Roberts Head of Operations

Carol Booth

James CorbyHead of Pensions Technical Services

Trustee Relationship Team

Sarah MarchbankTeam Leader

Emma Chadwick

Jodie McNally

Jade-Leigh Payne

Fit & Proper Questions

Pension Liberation Statement

The Pensions Regulator, HMRC and other government agencies have joined forces in an attempt to combat the threat posed to individuals by pension liberation fraud.

Pension liberation can take different forms but the main problem is where an individual transfers existing pension savings from their current scheme to a new scheme which allows access to some or all of their savings before age 55.

Except for very rare circumstances (for example in the case of terminal illness), this can result in severe consequences for the individual. Some schemes are being operated illegally and are targeting the financially vulnerable, and some schemes even though not strictly illegal can result in significant tax charges where an individual accesses their pension savings before age 55.

Many liberation schemes offer cash-backs or savings advances and can be packaged in different ways such as loans, however, such loans and payments are likely to be unauthorised payments and subject to severe penalties.

Cantwell Grove is committed to raising awareness of this issue with trustees and members, and doing all in its power to ensure that no one connected with or serviced by Cantwell Grove becomes exposed to the threats posed by pension liberation or pension ‘scams’.

Cantwell Grove actively supports the ‘Scorpion’ campaign instigated by the cross-government initiative as highlighted in the ‘Scamproof your savings: Pension scams. Don’t get stung’ leaflet reproduced over the following pages.

Cantwell Grove conducts a compliance call with all prospective clients, prior to submitting a request for pension scheme registration to HMRC, to ensure that no inducements, loans, cash-backs or any type of access before age 55 has been offered or is expected. Cantwell Grove also ensures that all clients have received the above mentioned ‘Scamproof your savings: Pension scams. Don’t get stung’ leaflet.

Pension Liberation Statement

HMRC Enquiry and Pension Transfers

The following section is intended to give information to existing pension providers, to assist with their due diligence process, regarding transfer requests from clients who have their SSAS administered by Cantwell Grove.

Cantwell Grove is aware that concerns about pension liberation have led the UK Pensions Regulator to recommend heightened levels of due diligence in relation to pension transfers involving schemes and administrators that are newly registered or established. Cantwell Grove supports the efforts of the pension industry to tackle pension liberation and complies with the Regulator’s guidance on this subject.

HMRC Enquiry

Cantwell Grove, during August and September 2013, was the subject of a HMRC enquiry. The enquiry was conducted by the HMRC office responsible for the registration of pension schemes and for monitoring schemes to ensure they are compliant with the tax rules and legislation and in particular that they are compliant with the relevant sections of the Finance Act 2004.

HMRC advised that they were particularly keen to ensure that schemes are not involved in pension liberation. HMRC also asked Cantwell Grove not to register any further pension schemes with HMRC pending the outcome of the enquiry. Cantwell Grove willingly complied with HMRC’s request and cooperated fully with the enquiry.

A detailed review of Cantwell Grove was undertaken by HMRC that included face-to-face meetings, a sample of clients being contacted and a review of the following information / documentation: -

1) All pension schemes registered with HMRC.

2) Details of all members of the pension schemes.

3) Details of transfers received by the various pension schemes.

4) Details of the investments made by each pension scheme.

5) Details of all introducers involved with Cantwell Grove and the pension schemes.

6) Details of all fees received by Cantwell Grove.

7) Copies of pension scheme bank statements from account opening.

8) Copy of the Trust Deed and Rules used by the pension schemes.

9) Copies of advertising / promotional material used to promote the pension schemes.

On the 10 September 2013 Cantwell Grove received a letter from HMRC confirming that they were pleased to say that the enquiry was concluded and that, “Cantwell Grove Ltd may resume its pension business. You may therefore continue to register pension schemes and accept transfers into those schemes.”

HMRC New Registration Process

Registrations

On the 21st October 2013, HMRC announced that in an effort to combat pension liberation activity they were making a number of changes to strengthen existing processes to deter pension liberation and safeguard pension savings.

HMRC made the pension scheme registration process more robust by moving away from the previous ‘process now, check later’ approach to a new process whereby scheme registration is no longer automatically confirmed on successful submission of the online form.

This has enabled HMRC, as described in their notification of 21 October, “to conduct detailed risk assessment activity before making a decision on whether or not to register a scheme”.

Cantwell Grove is pleased to confirm that it is receiving notification of registration forms from HMRC for schemes registered under the new process.

Transferring Pension Funds Between Registered Pension Schemes

In addition to the more robust registration process, HMRC now also provides greater assistance to scheme administrators in deciding whether to make a transfer.

HMRC has revised the process for responding to requests for confirmation of the registration status of the receiving scheme. Under this new process HMRC will respond to requests for confirmation of the registration status without seeking consent from the receiving scheme. However, as described in the notification of 21 October, “HMRC will only provide confirmation where the receiving scheme is registered and the information held by HMRC does not indicate a significant risk that the scheme was set up, or is being used, to facilitate pension liberation.”

HMRC has confirmed that they will provide one of two responses: Response 1

HMRC confirms that at this time, both the following apply:• the receiving scheme is registered with HMRC and is not subject to a deregistration notice, and• the information held by HMRC does not indicate a significant risk of the scheme being set up or being used

to facilitate pension liberation

Response 2

HMRC only provide confirmation of registration status when both of the following apply:• the receiving scheme is registered with HMRC and is not subject to a deregistration notice, and• the information held by HMRC does not indicate a significant risk of the scheme being set up or being used

to facilitate pension liberation

At this time one or both of these conditions does not apply. HMRC is therefore unable to provide the confirmation you have requested.


Cantwell Grove are pleased to confirm that, to date, positive responses (‘Response 1’ as above) have been sent to scheme administrators for all requests received in respect of Cantwell Grove schemes.

Cantwell Grove feels that requesting confirmation of scheme status from HMRC can only strengthen the due diligence process around individual cases specifically, and also Cantwell Grove in general, and therefore aid the decision making process as to transfer requests received.

Also, following on from the new process as described above, the Budget (March 2014) announced a further strengthening of HMRC’s powers to combat pensions liberation. From 20th March 2014 HMRC can issue official notices (under section 153A of the Finance Act 2004) requesting further information before deciding if to register pension schemes. There is also a new requirement that the pension scheme must be set up and maintained for the main purpose of providing authorised pension benefits. Where HMRC believe this is not the case, registration may be refused. Cantwell Grove can confirm that all pension schemes are indeed set up and maintained for the main purpose of providing authorised pension benefits, and is also pleased to confirm that registrations continue to be successfully received under the new post Budget process.

Fit and Proper

A further important change came into effect from September 2014 relating to the fit and proper status of scheme administrators. The fit and proper legislation is there to ensure pension schemes are only registered and run by appropriate people, to protect pension savings and counteract opportunities for pension liberation and pension scams.

If HMRC believes that the pension scheme administrator is not a fit and proper person to be the scheme administrator they can refuse to register a new pension scheme and de-register an existing registered pension scheme.

HMRC has published guidance about the factors taken into account in determining when a scheme administrator is not a fit and proper person. Cantwell Grove declares our fit and proper status when registering new pension schemes, and we can confirm that none of the negative factors published by HMRC apply to Cantwell Grove.

Additional Information

Cantwell Grove is aware that successful registration and positive confirmation by HMRC of a scheme’s status are not the only checks that should be carried out. Cantwell Grove fully respects this process and will be pleased to provide additional information as appropriate. Also, if required, senior management of Cantwell Grove will be pleased to meet with relevant personnel (either at the offices of Cantwell Grove or at the company’s own offices) to present on the Cantwell Grove business model and answer any questions in person.

All requests (by either post, e-mail or phone) should be directed to;

Mr Neil Fairclough, Head of Risk and Compliance, Cantwell Grove Limited, The Old Registry, Derby Road, Belper, Derbyshire, DE56 1UU

E-mail: [email protected] Phone: 01773 307200


Summary

Cantwell Grove is a professional pension scheme administrator that specialises in SSASs. The management team has over 70 years combined experience in pension regulation, administration, financial services and commercial property.

Significant investment has been made into Cantwell Grove to build an infrastructure, plus legally robust processes and documentation with the benefit of specialist legal advice from Addleshaw Goddard LLP (including the Trust Deed and Rules), so that Cantwell Grove can have a long term future.

A full member of the Association of Member-Directed Pension Schemes (AMPS), and a corporate member of the Pensions Administration Standards Association (PASA), Cantwell Grove takes its responsibilities very seriously and goes the extra mile to provide comfort and protection to its clients. Cantwell Grove has also engaged PricewaterhouseCoopers (PwC) for them to act as company accounts auditor.

Finally, Cantwell Grove can confirm that it is strict company policy to conduct thorough due diligence on all requests for investment from trustees. Cantwell Grove does not and will not knowingly consent to investments that result in a taxable charge and indeed will only consent to investments (whether it be via a regulated Independent Financial Adviser, a regulated Discretionary Fund Manager or a commercial property transaction) whereby a satisfactory track record can be demonstrably validated and ‘proper advice’ has been taken by the trustee in accordance with the requirements of the Pensions Act 1995.


Enclosures

Certificate Of Incorporation

Enclosures

Memorandum Of Association

Enclosures

Register Of Directors

Enclosures

Statement of Capital / Register Of Shareholders

Enclosures

Data Protection - Certificate Of Registration

Enclosures

CVs

Philip Donlan - Managing DirectorNeil Fairclough - Head of Risk and Compliance

James Corby - Head of Pensions Technical Services

CURRICULUM VITAEPhilip Donlan

Contact Details

Name: Philip Donlan

Office Address: Cantwell Grove Limited, The Old Registry, Derby Road, Belper, Derbyshire DE56 1UU

Telephone: Office 01773 307200

E-Mail: [email protected]

Profile

Client focused, professional and hard working results driven individual with a keen attention to detail. Strong belief in doing the right things for clients and for employees.

Varied experience in both corporate and entrepreneurial environments.

Experience of working for UK based and international companies.

Financial services background with a major blue-chip company and also a start-up regional IFA & AR firm.

Gained valuable and wide-ranging experience, as a Non-Executive Director, building an international hotel & resort development company, working closely with world-renowned hotel brands.

Now fully focused on providing professional SSAS administration services, via Cantwell Grove Ltd.

Current Profession

Cantwell Grove LimitedJune 2013 to presentManaging Director

Founder and 100% shareholder.Provider of professional SSAS administration services to support trustees fulfill their roles and responsibilities.Association of Member-Directed Pension Schemes (AMPS) – Full Member.Pensions Administration Standards Association (PASA) – Corporate Member.

Education / Qualifications

The Chartered Insurance InstituteProfessional QualificationsFinancial Planning Certificate 1 (Financial Services and their Regulation)Financial Planning Certificate 2 (Protection, Savings & Investment Products)Financial Planning Certificate 3 (Identifying and Satisfying Client Needs)Advanced Financial Planning Certificate G10 (Taxation and Trusts)

Financial Services AuthorityIndividual Reference Number: PAD00038 (current status ‘Inactive’)

De La Salle Grammar SchoolO Level Passes

MathsEnglish LanguageEnglish LiteratureHistoryRE

De La Salle 6th Form CollegeA Level Passes

EconomicsBritish Government & Politics

Previous Professional Experience

Prudential Corporation1983 - 199916 successful and enjoyable years experiencing a wide range of roles;

Administration: Divisional Field Management.Financial Consultant: All aspects of financial advice including personal and corporate.Sales Manager: Recruiting and leading a team of compliant Financial Consultants.Group Campaign Manager: Designing and implementing a strategic marketing plan that was instrumental in taking the Midland Group to the No 1 position in the UK.National Sales Support Manager: As one of two national Sales Support Managers (by combining previously learned sales, marketing and management skills and experiences), helped the Northern Region to continually be No 1 in the UK.

Summit Financial Holdings PLC (Holding Company for Summit Financial Solutions Ltd and Summit Lifetime Solutions Ltd)1999 - 2004Sales Development Director / Independent Financial Adviser

One of the founding Directors.Also an authorised Independent Financial Adviser.SFH PLC: A Financial Advisory business holding company.Two wholly owned subsidiaries.Summit Financial Solutions Ltd, an IFA practice.Summit Lifetime Solutions Ltd, an Appointed Representative of Scottish Amicable Life.Helped grow the combined business to over 50 Financial Advisors.Four offices: Nottingham, Sheffield, Tamworth, Sunderland.SFH PLC floated on the OFEX market.SFH PLC purchased in its entirety by national IFA, Berkeley Morgan Group PLC.

Opus Property Management AG2004 - 2006Real Estate Marketing Executive

Opus: Based in Switzerland.Provide marketing expertise to companies wishing to develop and sell real estate in Southern Europe.Research and analysis of real estate opportunities.Development of marketing strategies.Preparation of marketing and sales support material.Provide sales support to independent intermediaries.

The Resort Group PLC2007 - 2012Non-Executive Director

Director and shareholder from inception (shareholding sold on leaving).TRG: Gibraltar based, develops and retains ownership of hotels & resorts.Management Agreements signed with Melia Hotels International for them to operate four resort hotels in Cape Verde (various stages of development).First hotel (Melia Tortuga Beach Resort & Spa) opened May 2011.Occupancy of over 70% achieved for 2011 and 2012.GOP of over €400k in 2011 and over €2m in 2012.

Personal

Married with two lovely (and a tad expensive) children.

Blessed with a settled family life and financial security.

Interests, when not administering pensions, include playing and watching tennis plus a lifelong love of football. A season ticket holder at Manchester United since 1978 (born in Manchester!) and married for over 20 years to a Manchester City supporting wife!

CURRICULUM VITAENeil Fairclough

Contact DetailsName: Neil Fairclough

Office Address: Cantwell Grove Limited, The Old Registry, Derby Road, Belper, Derbyshire. DE56 1UU.Telephone: Office 01773 307200E-Mail: [email protected]

ProfileSupremely motivated and highly experienced audit risk compliance specialist. Conscientious, hardworking, dedicated, results driven and always looking to achieve the best results possible for clients and colleagues.

Experience of having worked on both sides of the fence with over 30 years compliance investigation work with HMRC and over 5 years with the world’s largest law firm, DLA Piper UK LLP, covering similar regulatory investigations.

Audit compliance investigations undertaken in Pensions (all scheme types), Isa’s, Life Insurance and PAYE matters. Experience in negotiating with and handling the respective regulatory bodies.

Fully focused in ensuring Cantwell Grove Ltd deliver high quality SSAS administration services to all customers/clients that are fully compliant with all the appropriate legislative and regulatory requirements.

Current Profession

Cantwell Grove LimitedJanuary 2014 to presentHead of Risk & Compliance


Her Majesty’s Revenue & Customs - InspectorNov 1971 – 09/03/2008,

- Pension Scheme interrogation audits, Pre and Post ‘A’ day pension audits.- Payroll interrogation audits, Employment, PAYE tax and NIC audits, benefit-in-kind reviews and their Class 1a NIC implications, PAYE Settlement Agreements (PSA) and Dispensations.- Higher rate taxpayers, Directors, overseas employers/employees, construction industry & customer services.

DLA Piper UK LLP – Manager, National Tax Investigations10/03/2008 – 31/08/2013

- Pension Scheme interrogation audits, Pre and Post ‘A’ day pension audits.- Payroll interrogation audits, Employment, PAYE tax and NIC audits, benefit-in-kind reviews and their Class 1a NIC implications, PAYE Settlement Agreements (PSA) and Dispensations.- Life policy interrogation audits, ISA interrogation audits, Savings interest interrogation audits, Real Time Information (RTI), Automatic Enrolment and FATCA advice.

Personal

Married with two children (expensive), one horse (very expensive) and one dog (thankfully, not expensive).

Love walking the dog with the family around the Derbyshire countryside and, believe it or not, mucking out up at the stables. When not on pet duties enjoy watching Derby County at Pride Park, watching Sale Sharks (son is into rugby union), playing football and when time allows the odd round of golf. Being a fellow Mancunian, like Phil, there will always be a big place in my heart for the Red Devils whom I’ve followed all my life. Married for over 25 years to a true Derbyshire girl.

CURRICULUM VITAEJames Corby

Name: James Corby

Office Address: Cantwell Grove Limited, The Old Registry, Derby Road, Belper. DE56 1UU

Tel: 01773 307 200

E-mail: [email protected]

Profile

Highly driven individual with experience working within both divisions of Member-Directed Pensions, from fundamental administration to full scheme management.

Customer Service background before stepping into the Financial Services sector with a well-known SIPP & SSAS Administration Company.

Tasked with ensuring Cantwell Grove Limited complies with pension legislation and reporting requirements, as Scheme Administrator to its SSAS, as well as ensuring obedience to the Scheme Trust Deed & Rules.

Current Profession

Cantwell Grove LimitedOctober 2014 to presentHead of Pensions Technical Services


Berkeley Burke (Financial Services) LimitedSSAS AdministratorMarch 2013 to October 2014

- Communicating directly with Trustees/Intermediaries regarding scheme-specific queries - Benefit Calculations- Property purchases/sales, Loans/Borrowing, Investments, Transfers in/out, Deeds- Completion of Registered Pension Scheme Returns- Registration of new schemes with HMRC

Berkeley Burke SIPP Administration LimitedSIPP New Business AdministratorNovember 2011 to March 2013

- Requesting transfers- Issuing ‘New Member Packs’- Scheme Establishment- Chasing Transfers - Opening SIPP Bank Accounts

Personal

Native of Leicestershire, and avid supporter of its two main sports teams: Leicester City Football Club, and Leicester Tigers. A lover of music of all sorts, with a particular fondness of the Red Hot Chili Peppers.

Enclosures

Audited Accounts

Audited Accounts

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