Subject Title - INSETA

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5.3 SECTION 13As mentioned above, Section 13 imposes certain duties and responsibilitieson FSPs (and by implication on key individuals).Summary of responsibilities.What must be done?Nobody may provide financialservices to clients for or on behalf ofunauthorised FSPs who are notexempted from the FAIS Act.Nobody may act as a representativefor an FSP unless the person canconfirm to clients (certified by theFSP) that: he has an employment ormandate agreement with theFSP, to represent the FSP; and the FSP accepts responsibilityfor the activities of therepresentative performed interms of the agreement.If a representative was debarred, hecan only operate as a representativeagain if the procedures forreappointment of rehabilitateddebarred representatives have beenfollowed.Who must do it and how?The key individual must ensure thatthere are processes in place to verifythat the other FSP is authorised/licensed in terms of FAIS.The key individual must ensure thatthe representatives are supplied withthe necessary documentation toconfirm the required information toclients.Where representatives providefinancial services on mandates fromthe FSP, the required writtenmandate must be available torepresentatives to provide to clients.The key individual must ensure thatthe necessary checks are done onrepresentatives before appointment,to ensure that they are not debarred.When the FSP wants to reappoint anyperson who had been debarred, thekey individual must ensure that thecorrect procedure is in place toensure that the re-appointmentrequest is assessed in terms of thecriteria as stipulated in Section 2 ofBN 82 of 2003.104 © <strong>INSETA</strong> - Section 1 12a
What must be done?The FSP must at all times: ensure that representatives andkey individuals of representativesare competent and fit and properto provide financial services; take reasonable steps to ensurethat representatives comply withapplicable Codes of Conduct andwith other applicable laws onconduct of businessWho must do it and how?The key individual must ensure thatthere are adequate processes andsystems in place to: verify fitness and propriety ofrepresentatives and keyindividuals at appointment andthroughout employment; identify the requirements foreach representative and keyindividual to become fit andproper; provide training to enablerepresentatives and keyindividuals to comply with theFAIS Act and other applicablelegislation in the rendering offinancial services; record the qualifications,experience, completion ofregulatory examinations and CPDfor each representative and keyindividual; ensure that representatives andkey individuals have adequateproduct and process training; ensure that services undersupervision are managed inaccordance with therequirements; ensure that representatives andkey individuals understand andcomply with the FSPs codes ofethics or related codes as well asthe relevant Codes of Conduct, asrequired in FAIS subordinatelegislation© <strong>INSETA</strong> - Section 1 12a 105
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LOGO TO BE CONFIRMEDFSB REGULATORY
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Table of ContentsTasksGlossary of T
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8.8 Other provisions of the general
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TasksThe material provided in this
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PurposeThe FAIS Act introduced mark
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The duties of FSPs are described in
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CATEGORY II: SUBCATEGORIES2.1 Long-
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1.5.2 AdviceThe FAIS Act defines
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The elements of „advice‟ includ
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1.5.3 Intermediary serviceLet's loo
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1.5.2 Types of financial productsFi
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FSP licences are issued for specifi
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5. To provide a financial service m
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6. To give advice means to:a) give
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PurposeThis chapter introduces the
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Example 1:CBA Financial services is
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Submitting documentsEmploymenthisto
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financial soundness requirement - t
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The person was found guilty in any
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2.3.5 Experience requirements for k
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TABLE A: CATEGORY I EXPERIENCE REQU
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Experience requirements for a Categ
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was obtained through active involve
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IF YOU…Were appointed from 1Janua
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A key individual must have already
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Key individuals fulfilling the role
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serious enough to impugn the honest
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Self-Assessment QuestionsPlease not
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) Once a key individual has been ap
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Self-Assessment Answers1. Which of
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Page 66 and 67: PurposeChapter 3 introduces you to
Page 68 and 69: Let's look at the responsibilities
Page 70 and 71: For example, a person may have star
Page 72 and 73: 3.3.3 Competency requirements for r
Page 74 and 75: We discussed the tables under 2.3 a
Page 76 and 77: Experience requirements for Categor
Page 78 and 79: The main reason for the differentia
Page 80 and 81: Regulatory examinations for represe
Page 82 and 83: The purpose of the register is to:p
Page 84 and 85: Part of the management and oversigh
Page 86 and 87: Let‟s look at a summary of the co
Page 88 and 89: c) The representative register need
Page 90 and 91: Self-Assessment Answers1. In terms
Page 92 and 93: 8. The general experience requireme
Page 94 and 95: PurposeIn Chapter 4 you will learn
Page 96 and 97: TABLE ACATEGORIES 1 and IV: LEVEL O
Page 98 and 99: 4.2 SUPERVISION REQUIREMENTSKey ind
Page 100 and 101: Ensure that the supervision require
Page 102 and 103: Self-Assessment QuestionsPlease not
Page 104 and 105: Self-Assessment Answers1. In terms
Page 108 and 109: PurposeBefore a juristic entity can
Page 110 and 111: Understanding the process step by s
Page 114 and 115: What must be done?The FSP must main
Page 116 and 117: Registrar, by 31/12/2013.Failure by
Page 118 and 119: It should be a condition of the emp
Page 120 and 121: 4. In order to meet the requirement
Page 122 and 123: 5. Section 13 imposes certain dutie
Page 124 and 125: PurposeChapter 6 gives you an overv
Page 126 and 127: Ramifications for the FSP if debarm
Page 128 and 129: All other administrative or legal p
Page 130 and 131: 3. May an FSP use information obtai
Page 134 and 135: PurposeDuring the course of the lif
Page 136 and 137: In the discussion of the purpose an
Page 138 and 139: caused by or arose out of the carry
Page 140 and 141: c) within 60 days after the busines
Page 144 and 145: PurposeThe FAIS General code prescr
Page 146 and 147: of crime, money-laundering legislat
Page 148 and 149: Requirements.the existence of a spe
Page 150 and 151: Disclosure must include the followi
Page 152 and 153: 8.4 MANAGING TRANSPARENCY AND CONFL
Page 154 and 155: Where the juristic person is neithe
Page 156 and 157: what measures were taken to avoid/m
Page 158 and 159: A provider must continuously monito
Page 160 and 161: 2. Identify the financial product o
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1. A brief summary of the informati
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are addressed in the business-speci
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8.8.3 Insurance 89One of the risks
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WHO? BY WHEN? WHAT?Category III pro
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a representative, the information m
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Record of advice 106A direct market
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influence the objective exercising
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4. What needs to be disclosed to cl
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8. The two main requirements of giv
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PurposeThis chapter introduces you
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„compliance practice‟ means a c
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Internal compliance officer:where t
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9.1.5 Withdrawal of a compliance of
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One of the main functions of a comp
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Internal auditors normally audit co
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Information about the FSPs adherenc
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Compliance reports must be submitte
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190 © INSETA - Section 1 12a
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PurposeThe application process for
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the financial services business as
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Disclose compliance with other appl
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easons why the provisional suspensi
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impartial tribunal or forum. This i
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10.3.2 Civil remediesRestrainingord
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10.4 LEVIES PAYABLE IN TERMS OF THE
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Any contravention of or failure to
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PurposeAs a key individual, you nee
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11.2 EFFECT OF VOLUNTARY SEQUESTRAT
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2. A licence of ANY FSP may lapse:a
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5. Before sequestration, winding-up
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PurposeIn Chapter 12 you will find
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3. The records and documentation Th
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The Registrar has certain powers in
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SummaryThe FAIS Act requires string
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4. Section 22 of the FICA requires
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PurposeManaging the infrastructure
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A key individual, in respect of an
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The financial statements can either
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Self-Assessment Answers1. The opera
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PurposeChapter 14 introduces you to
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Sec 19(4) states that: the auditor
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2. The financial statements must:a)
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PurposeThe FIC Act imposes certain
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Accountable institutionsThe FIC Act
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The four (4) money laundering contr
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The documents used to identify and
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In an FSB FAIS Newsletter, the FSB
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Protection of Constitutional Democr
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steps to be taken to determine and
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3. Section 21(1) of the FICA requir
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PurposeChapter 16 is the last part
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The Ombud for Financial Services Pr
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11. If the complainant is unhappy w
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the contractual or other legal rela
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Self-Assessment Answers1. The funct
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