Disclaimer & Disclosure

• Disclaimer
• Disclosure

Disclaimer

All users of this site accept and agree to the following:

1. That this site and its content, images, illustrations and text are the property of The Money People Limited which is the publisher and owns the copyright in the same. © The Money People Limited, 2003-8.  The moral rights of Peter Hensley as the author have been asserted.
2. Neither The Money People Limited as owner/publisher nor Peter Hensley as the author endorse or recommend any of the financial products referred to in this website which are listed only as illustrative examples of what is available.  Neither the Money People Limited nor Peter Hensley receive or are entitled to receive any commissions or other remuneration for simply listing or referring to any financial products on this site, although The Money People Limited may receive commissions from the sale of financial products where any user retains or instructs The Money People Limited to purchase those financial products.
3. The website server is domiciled in New Zealand, and if this site constitutes or makes an offer of “securities” (which is denied) then the user acknowledges it is an offer made within New Zealand, and the Law of New Zealand applies to this website and any use of it and the user submits to the exclusive jurisdiction of the Courts of New Zealand for any claims brought by or on behalf of the user or brought in respect of any loss or alleged loss suffered by the user or by any one or more persons claiming through or under the user.  The user acknowledges the laws of nations other than New Zealand relating to the offer, dissemination, and issue of investment securities do not apply to this website or to any use of it.
4. All warranties on the part of The Money People Limited and on the part of any director, shareholder, or employee of it implied by law are hereby excluded to the maximum extent permitted by law, and without limiting the generality of this clause it is specifically agreed that any warranties on the part of such persons implied by the Consumer Guarantees Act 1993 (New Zealand) are excluded to the maximum extent permitted by law.
5. That the information contained in this site is not financial advice.  Neither The Money People Limited as the publisher nor Peter Hensley as the author nor any employees connected in any way with the publisher and the author are responsible for any errors, omissions or damages arising out of this information.  The publisher and the author are supplying information and are not attempting to render investment advice or other financial services.  If such services are required, the user is strongly encouraged and recommended to seek the assistance of an appropriate professional.
6. That The Money People Limited as the owner/publisher and Peter Hensley as the author and the directors, shareholders, and employees of The Money People Limited all disclaim all and any responsibility for damages arising out of the use of this site.  That The Money People Limited, Peter Hensley, and the directors, shareholders, and employees of The Money People Limited do not support, nor guarantee in any manner, the performance or any other characteristics of the investments that could be mentioned on this site from time to time.
7. That any decision made by an investor is made independently of Peter Hensley and The Money People Limited and that the investor will hold neither Peter Hensley nor The Money People Limited nor any shareholder, director, or employee of The Money People Limited liable for any loss that may occur from or in respect of any investment made as a result of the use of this site.
8. That The Money People Limited as the owner/publisher and Peter Hensley as the author and the directors, shareholders, and employees of The Money People Limited shall have sole discretion as to the number of newsletters published each year and who receives the newsletters as and when they are published.

9. That readers acknowledge that the material relating to the grading of finance companies originates from Projects Resources Limited and does not originate from either The Money People Ltd or any director or employee of The Money People Ltd. Accordingly The Money People and its directors and employees pass on such information for what it is worth, and neither The Money People Limited nor any director or employee of it expresses any belief in the truth or falsity of such information which is merely passed on for what it is worth. We understand that Projects Resources Limited have supplied the information after conducting sufficient due diligence and that they supply the information in good faith.

 Disclosure

Peter Hensley & The Money People Ltd, its directors and employees accept no liability and will accept no claims for consequential damages for decisions based upon the information contained on this site. Any decision taken as a result of receiving information is made entirely at the investors own risk.

Disclosure Statement for Peter Hensley CFP

Part 4 of the Securities Market Act (1988)  Disclosure Statement Peter J Hensley Company/Trading Name: The Money People Ltd Address:  26 Queen St New Plymouth Telephone: (06) 757 2793 Facsimile: (06) 757 2794 E-mail:  peter@moneypeople.co.nz This document is current and is Version 08-04

Introduction

This document complies with the disclosure requirements under the Securities Markets Act 1988 and sets out the disclosure required to be made in relation to your financial adviser.
Peter Hensley is a member of the Institute of Financial Advisers (IFA) Association Inc. (IFA) and complies with the IFA Code of Ethics in all facets of his practice.   The following are details, which are deemed to be relevant about Peter Hensley’s role as an Investment Adviser.

Qualifications/Experience/Professional Memberships

Peter Hensley has been providing investment advice in various forms since 1994.

The Money People Ltd was founded in 1994. People holding shares in The Money People Ltd are: Peter Hensley, Kathryn Hensley and Trustees of the Hensley Family Trust. It is registered as a Private Company on the Hamilton Register of the New Zealand Companies Office.

Peter Hensley has the following relevant qualifications:

• Bachelor of Arts (Education) Macquarie University 1984
• Diploma in Business Studies (Accounting) 1994
• Diploma in Business Studies (Financial Planning) 1997
• Licensed Sharebroker
• Peter Hensley was awarded the qualification of Certified Financial Planner when it was introduced into New Zealand in 1997; and still retains the CFP mark.
• He attended and passed with Honours Qualifications the FPG Introduction to Financial Planning Course in 1994.

Membership and Certification

Peter Hensley is a CERTIFIED FINANCIAL PLANNER (CFP ™) member of the Institute of Financial Advisers Association Inc (IFA). He is also a Member of the Society of Independent Financial Advisers (inc) (SIFA) and has been an executive council member of the society since 2003. He chaired the organisation from May 2005 until May 2007.

Peter has satisfied all the requirements for certification and has agreed to abide by the IFA Code of Ethics and Professional Conduct.  He is licensed to use the CFP certification mark and the marks CFP and CERTIFIED FINANCIAL PLANNER with all the rights and privileges pertaining thereto.

 Peter Hensley has kept his financial planning qualifications up to date by

• attending the mandatory number of certified training hours as per the IFA Standards of Professional Practice;
• attending Annual Industry Conferences (both IFA and SIFA);
• regularly travelling overseas and attending other financial planning conferences;
• Authoring and publishing five books [Financial Success (1997) & Investment Choices in New Zealand (1999), Serious Money (2002) & Where to from here? An investment guide for the new century (2003), Peter J’s Guide to KiwiSaver (2007)]
• Authoring a monthly magazine article Investigate Magazine (since February 2000)
• Authoring a weekly question and answer column for the Sunday Star Times (since June 2003)
• Authoring his own client newsletter which is published twice monthly.
  

Professional Indemnity Insurance cover

In compliance with the Institute of Financial Advisers Code of Ethics and it's By-Laws, I carry professional indemnity and public liability insurance covering my activities as a share broker and investment adviser.

As with all insurance, this cover has limitations and is subject to certain exclusions and terms and conditions.

This policy provides insurance cover against breach of professional duty by The Money People Ltd and / or Peter Hensley

Dispute resolution facilities

Any potential complaints are best directed to Peter Hensley at The Money People Limited in the first instance. If a satisfactory resolution cannot be found, the Institute has a complaints resolution procedure for your protection. They can be contacted on (04) 499-8062 at any time during normal business hours (8.30 am to 5.00 pm) or, PO Box 5513, Level 9, Willbank House, 57 Willis St, Wellington.
 
Products

Peter Hensley gives advice in relation to all registered investment products.

Product Providers

Peter Hensley may place investments with almost any investment provider.

Money Handling Procedures

The following system and procedure is used for receiving client funds:

a.  The payment of membership fees to me will be via cheque and or automatic payment authority payable to The Money People Ltd crossed “not transferable account payee only”.
b.  Neither my company nor I operate a Client Trust Account.   All investment monies received from clients will be delivered to the appropriate product issuer for processing as soon as practicable after being received from the client.  All property will be dealt with in a confidential and secure manner.
c.  All money that is to be invested will be via cheque and the cheque is to be written out directly to the product provider or their nominee and crossed “not transferable account payee only”.   We will provide a receipt for this cheque in the form of photocopying your completed cheque and signed application form and retaining this copy in your personal file.  

The records which we keep that relate to the investment of money are:

• A photocopy of the completed cheque and application form which is kept in the client’s personal file.
• The details of the investment are entered on to our portfolio reporting system immediately after an investment is made.
• We manually update the client’s personal file with details of the investment.
• During normal working hours, all clients have access to their personal file should they wish to check the accuracy of the information contained therein.
• An auditor is not employed as we are not holding nor do we operate a Trust Account.
• Neither my company nor I in any circumstances use clients’ money or property for the benefit of any other person or ourselves.   This applies to monies that are to be invested.   Monies that are paid to us as fees are used to pay overheads and expenses and personal remuneration.

Remuneration

Any remuneration received by Peter Hensley is used to pay the costs incurred in providing advice eg: office, staff and marketing costs along with his personal remuneration.

Peter Hensley provides all consultations free of charge.

Peter encourages all clients to manage their own portfolio. If you request that The Money People Ltd manages / administers your portfolio the charge is an annual membership fee based upon the capital value of the assets under management. This fee is 0.4 %pa, paid monthly. It is reviewed every second year. Although this fee may vary at his discretion it is not negotiable for portfolios under $2,000,000.

The Money People Ltd and Peter Hensley are eligible to receive brokerage, bonuses and non-monetary payments from product providers in relation to the sale of products.   Details on these payments are provided in Appendix A and B

Peter also provides staff information / retirement seminars for both small and large corporations. These are invoiced at an agreed rate. Topics vary according to the request.

Peter also speaks to Community Service groups at no charge.

Peter J Hensley’s Service Levels

Company Policy

We do not charge appointment fees, establishment nor entry fees. All consultations are conducted on a no charge basis. We request that should you act on our recommendations, that the transaction be placed through our brokerage. Please note that all investments are held in the clients name(s) with their signature. We do not utilise a platform or custodial service for investments.

All clients receive a twice monthly newsletter advising; Peter’s travel plans and office news, new investment opportunities and issues, general market commentary and Peter’s educational essays. These are available online at www.peterhensley.co.nz or can be posted on request.

Service Level # 1

We undertake to administer portfolios. Whilst all investments are held in the client’s name and signature, the postal address is care of our office. We supply six monthly valuation and performance reports. All management and administrative issues are sorted and every recommendation is put to investors for approval and sign off prior to implementation. We do not complete IRD returns, however we do prepare and supply an annual tax report and detailed summary for passing on to your accountant. Level # 1 clients receive priority access to all new investment opportunities. Our fee for this service is 0.4% based upon the capital value of the portfolio (negotiable for portfolios in excess of $2m). It is paid in monthly instalments from the portfolio’s cash account and under current legislation is tax deductible.

Service Level # 2

Clients manage and administer their own portfolio. For all investments placed through our office we undertake to keep track of the maturity date and advise investors of appropriate action to take when this occurs. There is no charge for this service as we are generally paid brokerage by the product suppliers. This brokerage is not deducted from your investment and is absorbed by the issuer.

Service Level # 3

KiwiSaver advice and support are supplied at no charge

Relationship with Product Suppliers

The Money People Ltd is owned by the shareholders, Peter Hensley, Kathryn Hensley and Trustees of the Hensley Family Trust.

The Money People Ltd has no tied arrangement with any product provider. The Money People Ltd is independently owned and operated.

Accordingly all investment recommendations are based upon a clients need.

Personal Disclosure

1.  My business address, telephone and fax numbers are as set out on the first page of this disclosure statement.
2.  In accordance with the Securities Markets Act 1988, I hereby certify that in the preceding five years neither I nor any principal officer of The Money People Limited have been:

• Convicted of an offence under the Securities Act 1978, the Securities Markets Act 1988 or the Investment Advisers (Disclosure) Act 1996, or of a crime involving dishonesty (as defined in Section 2(1) of the Crimes Act 1961)
• A director or principal officer of a company that committed an offence under any of the Acts listed above or an offence involving dishonesty as defined above
• Adjudicated bankrupt
• Prohibited by law from taking part in the management of a company or a business
• The subject of an adverse finding by a court in any proceeding taken against me in my capacity as an investment adviser, or
• Expelled from or have been prohibited from being a member of a professional body 

3. I also certify that The Money People Limited has not been placed in statutory management or receivership in the preceding five years.

Interests

Part 4 of the Securities Market Act 1988 requires advisers to disclose any direct or indirect pecuniary interest that they may have in the giving of investment advice. In the case of Peter Hensley, these are contained in Appendix A B & C..

Declaration

We declare that this document complies with all the requirements of the Securities Markets Act 1988 and incorporates the minimum standards of disclosure, in terms of the Code of Ethics and Practice Standards required by the Institute.

Peter J Hensley
J.P., B.A. (Education), Diploma in Business Studies (Accounting), Diploma in Business Studies (Financial Planning), CFP, SIFA, ANZIM
Managing Director
The Money People Limited

Enclosure: 

1. Appendix A. and Appendix B & C
   

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