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019

Case 019Client situations and behaviourHard

A conservative client lost 22% on a structured note sold by your predecessor and has complained. How do you assess the suitability record, what might the firm owe her, and what do you say in the meeting?

1The situation

You have just taken over the relationship with Rukmini Sagar, 68, a retired teacher with Rs 3 crore of investments. Three years ago your predecessor sold her Rs 50 lakh of a three-year index-linked note: it paid a coupon only if the index rose, and returned capital in full unless the index ended below 80% of its start, in which case capital fell one for one with the index. The index ended at 78% of its start, so she received Rs 39 lakh back, a 22% loss, and no coupon.

Her file holds a risk profile, signed a month before the sale, rating her Conservative, and the product's own sheet rating the note High risk and complex. There is her signature on the term sheet, but no note of any conversation about the risk. She has written a complaint and asked to meet you.

2Your task

Assess what the record shows, estimate what the firm might owe her, and set out what you say, and do not say, at the meeting.

Quick check

What decides whether the sale was suitable?

Worked solution

Try it on paper, then open one step at a time.

30-second answerThe answer to give first

The record shows a clear mismatch, so the complaint goes to a formal review, and the firm may owe her between Rs 11 and Rs 22 lakh. A Conservative retiree seeking capital preservation was sold a High-risk note with principal at risk, and nothing records why. Putting her where a suitable product at an illustrative 7% would have left her costs about Rs 22.3 lakh. In the meeting, listen, acknowledge, explain the process, and promise nothing you cannot deliver.

Step 1How do you read the file?

Put the two documents side by side and read them as the firm would have at the time, not with hindsight. A doctor who prescribes a strong drug to a patient whose chart says allergic is judged on the chart, not on whether the patient happened to react. Suitability is judged from the record at the time of sale: what the firm knew about the client, what it knew about the product, and whether it recorded a reason for any gap. Here the profile says Conservative, capital preservation, cannot tolerate loss; the product sheet says principal at risk, complex, High. There is no note of a discussion and no signed acknowledgement of the mismatch.

The record at the time of sale is where suitability is judgedRisk profile: Rukmini SagarDateone month before the saleAge, status65, retiredObjectiveCapital preservation, incomeHorizon3 yearsLoss of capitalCannot tolerateExperienceDeposits, debt fundsProfileCONSERVATIVEProduct sheet: index-linked noteTenor3 yearsCouponConditional on the indexCapitalPRINCIPAL AT RISKBarrierLoss 1 for 1 below 80%LiquidityNo early exitComplexityComplex productRisk ratingHIGH123
Rukmini's risk profile, signed a month before the sale, records a Conservative retiree seeking capital preservation who cannot tolerate loss, while the note's own sheet rates it High risk, complex and principal at risk: three mismatches and no recorded reason for any of them.
Step 2Does her signature on the term sheet settle it?

No, and saying so early saves a bad conversation. A signature shows the document was handed over. The duty to sell only what suits the client sits with the firm, and a client's signature does not transfer it back to her. Frameworks for distributors and advisers in India, set by SEBI and, for banks, by the RBI, require firms to assess suitability or appropriateness for complex products and keep records; confirm which rules applied to this sale and the firm's own policy, because that is what the review will test.

Step 3What might the firm owe her?

Redress aims to put the client where she would have been if she had been advised properly. If a suitable alternative, say a deposit or a conservative debt fund at an illustrative 7%, would have turned Rs 50 lakh into Rs 61.25 lakh over three years, the gap to the Rs 39 lakh she received is about Rs 22.3 lakh. A narrower basis, returning only the capital lost, is Rs 11 lakh. The firm's compliance review, not you in the meeting, decides the basis; you make sure the review happens quickly and that she understands the route beyond it, including the regulator's complaint channels if she is not satisfied.

What putting her right could mean, in rupeesInvested, three years ago50Received at maturity39 (-22%)Suitable alternative at 7%61.25Rs 22.3 lakhback to where suitable advice would have left hercapital back only: Rs 11 lakhRs lakh. The firm's review decides the basis; the adviser does not promise either figure in the meeting.
Rukmini invested Rs 50 lakh and received Rs 39 lakh; a suitable alternative at 7% would have given about Rs 61.3 lakh, so full redress is about Rs 22.3 lakh against Rs 11 lakh for returning capital alone.
Step 4What do you say in the meeting?

Open by listening, all the way through, and write down what she says. Then acknowledge the loss and how it feels without defending your predecessor or blaming him. Say what will happen next, by when, and who decides: a formal review of the sale against her profile, with a written answer by a date you commit to. Do not promise an amount, do not admit liability on the firm's behalf before the review, and do not suggest she should have read the term sheet more carefully. Close by checking her current portfolio, the note is 16.7% of her wealth and she may now need that money in something that fits her profile, and escalate the file to compliance the same day.

Say the limit to yourself, not to her: you do not yet know whether a conversation took place that nobody recorded. The review will ask your predecessor. The meeting's job is to keep her trust while that happens.

Where candidates lose it

The common error is defending the sale because she signed. Interviewers want to hear that suitability is judged against the recorded profile at the time of sale, and that a signature does not cure a mismatch.

The opposite error is just as costly: promising her the money back in the meeting. An adviser who commits the firm before the review has made a second problem, and may have promised the wrong amount.

What the interviewer asks next

  • The predecessor says he explained the risk verbally and she insisted. How does the review treat that?
  • Twelve other clients bought the same note. What do you do now?
  • How would you rebuild the Rs 39 lakh into a portfolio that matches her profile?
← Case 018A business owner with an Rs 80 crore company has personally guaranteed a Rs 10 crore bank loan. If he dies, what happens to the guarantee, the family's liquidity and the business, and how would you plan for it?Case 020 →A client with a Rs 5 crore debt sleeve expects rates to fall 1 point. Compare a 1-year duration fund with an 8-year duration gilt fund if rates fall 1 point, and if they instead rise 0.5 point.

Company names and figures are illustrative.

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