Fee Transparency & Ethical Justification
This criterion assesses the organization's commitment to transparency and ethical justification in its fee structures and billing practices. It evaluates whether the organization clearly communicates all fees, charges, and potential costs to clients before services are rendered using standardized 'Key Facts' disclosures. It ensures that clients fully understand the basis for fees, including any performance-based incentives or potential conflicts of interest, through mandatory comprehension checks. The criterion evaluates the ethical justification for fee structures, ensuring they are fair, reasonable, and proportionate (Al-Kharaj bi al-Daman), avoiding excessive or hidden charges (Sadd al-dharā’i). It mandates a formal governance structure (RACI) for fee setting, waivers, and inducements. Dispute resolution mechanisms must adhere to strict SLAs and signpost to ADR entities. Fee policies must prevent exploitation, prohibiting hidden add-ons, drip pricing, or steering driven by commissions. Where performance-based fees are used, a decision tree must ensure Shariah permissibility (avoiding Gharar/Maysir) and sectoral compliance (e.g., FRC/ICAEW rules). Late payment charges must be strictly cost-recovery based to avoid Ribā. This criterion aims to align commercial practices with ethical considerations and promote socially responsible financial services.
- Does the organization use a standardized 'Fee Key Facts' document for every engagement, and is client acknowledgement recorded?
- Is there a formal RACI matrix defining who approves fee structures, waivers, and new fee types?
- How does the organization calculate late payment charges to ensure they are strictly cost-recovery (non-Ribā), and what happens to excess amounts?
- Does the organization maintain an Inducements Register detailing all third-party remuneration and conflict assessments?
- Are there 'disclosure gates' in the CRM to prevent engagement without fee disclosure?
- What is the protocol for identifying vulnerable clients and offering reasonable adjustments to fee/billing practices?
- Does the dispute resolution process meet strict SLAs (e.g., 30-day final response) and signpost to ADR/Ombudsman?
- How is the 'Contingent Fee Decision Tree' used to ensure Shariah and regulatory compliance for performance-based fees?
- Fee Policy document including RACI matrix.
- Standardized 'Fee Key Facts' template and samples of signed client acknowledgements.
- Inducements & Referrals Register (redacted).
- Contingent Fee Decision Tree.
- Late Payment Charge methodology calculation and evidence of charitable diversion for excess.
- Vulnerability Protocol and anonymized log of adjustments made.
- Dispute Resolution Procedure with SLAs and ADR signposting.
- Quarterly Fee Fairness MI Pack / Dashboard reports.
- Sample VAT-compliant invoices.
| Level | Rating | Description |
|---|---|---|
| 5 | 5/5 | Exemplary: Comprehensive governance (RACI, Inducements Register) in place. Automated disclosure gates ensure 100% Key Facts delivery. >90% client comprehension (teach-back). Late fees are strictly cost-recovery with charitable diversion of excess. No red flags. |
| 4 | 4/5 | Strong: Standardized Fee Key Facts used consistently. Formal dispute process with ADR signposting and met SLAs (2/10/30 days). Vulnerability protocol active. Late fees are administrative only (no interest). |
| 3 | 3/5 | Adequate: Fees disclosed ex-ante. Basic dispute process exists. No hidden charges. Governance is manual. Late fees are flat but lack detailed cost-basis methodology. |
| 2 | 2/5 | Limited: Fee schedules exist but not proactively provided. Invoices lack narrative detail. No formal vulnerability policy. Late fees may feel punitive. |
| 1 | 1/5 | Poor: Hidden charges, unilateral variations, or interest-based late fees present. No clear dispute route. Evidence of exploitation. |
Related Criteria
Discussion (1)
📋 **Version updated: 1.0.0 → 2.9.7** **Changes:** Full import from mizan-297.json
Sign in to post a comment.